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SELECTIONS FROM 

THE HECORDS OF THE 
REGALITY OF MELROSE 

Edited from the Original Volumes in the Register 
House, Edinburgh, and in the hands of 

Mr. James Curle, by 

CHARLES S. ROMANES, C.A. 
VOLUME II 

1662-1676 




EDINBURGH 

Printed at the University Press by T. and A. Constable 

for the Scottish History Society 

1915 







NOTE 

It was the intention of the Editor, in issuing this 
volume, to deal in the Introduction with the lands 
and villages within the bounds of the Regality of 
Melrose. He has however recently had access, through 
the great kindness of the Earl of Haddington and of Lord 
and Lady Binning, to the valuable collections of manu- 
scripts preserved at Tyninghame and Mellerstain, which 
have furnished him with fresh sources of information as 
to the lands formerly possessed by the Monastery of 
Melrose. He has in consequence decided to reserve his 
remarks for the Introduction to the third volume of 
Regality papers, which will contain a selection from the 
new material now available, and to publish the present 
volume without further delay. 



CONTENTS 



PAOB 



NOTE V 

RECORDS OF THE REGALITY COURT OF 

MELROSE . . . . . .1 



RECORDS OF THE REGALITY COURT OF 
MELROSE 

' Register of Acts, Decreitts, and Absolvitors, done 
in the Court of the Regahtie of Melrose, comensing 
upone the 11 day of Januar 1662, iipone whiche 
day Thomas Wilkiesone was admitted and reeeaved 
Clerk of the same regalitie by Gideone Jacksone of 
Lochehouses, baillie, conforme to my Lord his gift 
of the samyne to the said Thomas WUkiesone.' 

' The Court of the Regalitie of Melrosse, begune and 
holden within the tolbuithe of Melrosse wpon the 
ellevint day of Januar ane thowsand sex hundreth 
and sextie two yeares, be Gideone Jacksone of 
Lochehouses, baillie depute of the said regalitie to 
ane noble and potent earle Johne, Earle of Hadington, 
Lord Bining and Byres, lord of the lordshipe and 
regalitie of Melrose and baillie principall of the 
samyne regalitie ; suittes called, AUexander Usher, 
officer ; court laufullie affirmed.' 

' The quhilk day in the actione and cause persewed befor 
the said Gideon Jacksone, baillie depute of the said 
regalitie of Melrose, be Andro Patersone in Gallasheells 
againest Johne Hownhame, elder, in Brigend, making 
mentione that wher the said John Hownhame, defender, 
bought and reeeaved from the said Andro Patersone, 
persewer, at Mertimes 1660 two bolls of beir at the agreid 
pryce of nyne pundis sexteine shillings 8d. Scotts money 
for the boll therof, upon the said defender his faithefull 
promeise to have payed the samyn at Michaelmes therefter 
now of long tyme bygaine, extending in the haill to the 

VOL. II. A 



2 MELROSE REGALITY RECORDS 

sowme of nynteine pundis 13 s. 4 d. money forsaid, and 
albeit it be of veritie that the said persewer had oft and 
diverse tymes requyred and desired the said defender to 
mak payment to him of the samyne, nevertheles he 
wrongousUe refuised, postponed, and deferred to doe 
the samyn without he ware compelled ; and therfore 
the said defender was laufuUie sumond to have com- 
peired befor the said baillie at ane certaine day bygaine 
to have heard and seine himselfe decerned be decreit of 
the said baillie to mak payment to the said persewer of 
the forsaid soume of nynteine pundis 13 s. 4 d. money 
forsaid, and to give his oathe of veritie upon the forsaid 
lybell swa far as should not be proven be wreat, and alse 
to mak payment of the coistes and skaithes maid and 
susteaned be the said persewer therthrow, as in the said 
principall lybell, executione, and indorsationes therof and 
act of litiscontestatione maid be the said baillie theranent 
at more lenthe beires : The said persewer compeirand 
personallie be himselfe, who produced the forsaid lybell 
and instead of all farder probatione referred the samyne 
to the defenders oathe of veritie simpliciter, and the said 
defender being laufuUie sumond to this day and oft and 
diverse tymes called laufuU tyme of day bidden and not 
compeirand be himself nor no uthers in his name, the 
forsaid claime and lybell beand hard, seine, and considered 
be the said baillie, and fund relevant and admitted to the 
said persewers probatione, therefore the said baUlie being 
Weill and ryplie.adwised therwith decernes and ordaines 
the said John Hownhame, defender, to mak payment to 
the said Andro Patersone, persewer, of the forsaid sowme 
of nynteine pundis 13 s. 4 d. conforme to the forsaid 
claime Because in the tyme of the litiscontestatione in 
the said mater, which was upon the 28 day of December 
last, the said persewer did referre the poyntis of the forsaid 
claime to the said defenders oathe of veritie instead of 
all farder probatione, who being called and not compeirand 
and laufuU tyme of day bidden the said baillie assigned 
the ellevint day of Januar 1662 nixt to come to the said 
defender to give his oathe of veritie upon the poynts of 



BLAIKIE V. ELLIS 3 

the claim and ordained him to be sumond to the said day, 
with certificatione to be held as confest, lykeas accordinglie 
the said persewer caused laufuUie sumond the said defender 
to have compeired the said day to the effect and with 
certificatione in maner abonewrittin, which being oft 
and diverse tymes called this day, laufull tyme of day 
bidden, and the said defender nor no wthers in his name 
compeiring, which being seine, hard, and considered be 
the said baillie and he being therwith weill and ryplie 
adwised he be his interloquitar given and pronunced 
this day decerned in maner forsaid because of the said 
defenders null defence and not compeirance as said is, 
and alse decernes and ordaines the said defender to mak 
payment to the said persewer of the sowme of 18 s. Scots 
as for expenses of pley maid and susteaned be him in 
obteining of the said decreit, and ordaines letters execu- 
torialls and precepts to be direct upon the premises on 
fiftein dayes in forme as effeires.' 

' Eodem die, decernes Thomas Blaikie in Westhouses to 
mak payment to George EUeis in Darnick of the sowme 
of eight punds ten shillings Scots money borrowed be the 
said defender from the said persewer about eight yeires 
since or therby, wherof the said defender promised 
payment the nixt yeir therefter ; and albeit it be of 
veritie, etc. Nevertheless, etc. Because of the said 
defenders null defence and not compeirance, and alse the 
baillie took the persewers oathe upon the veritie of the 
debt, who deponed affirmative conforme to his claime, 
therfor the said baillie decerned in maner forsaid, and 
modified sexteine shillings Scots of expenses of play, and 
ordaines precepts of poynding to be direct heirupon in 
forme as effeiris.' 

[The abridged form employed in the preceding entry 
follows throughout this volume.] 

Eodem die decerns James Turner in Calfehill to pay to 
John Pringle in Threipwood 4 1. Scots as balance of price 
of 30 sheep bought in 1652 ; defender absent ; 12 s. 
expenses. 



4 MELROSE REC^ALITY RECORDS 

Modem die decerns Thomas Law, portioner of Melrose, 
to pay to William Douglas of Preistoune 16 1. as balance 
of price of ewes bought ; defender acknowledged debt ; 
24 s. expenses. 

Modem die decerns Janaes Caldcleughe in Blainslie to pay 
to James Brounley, servitor to Joseph Hart in Chappell and 
William Stirling in Blainslie, 17 1. as balance of price of 
cow (bought for 28 1. in July 1661 to be paid at St. Lukes 
day thereafter) ; defender absent ; expenses 18 s. 

Eodem die decerns John Greive in Blainslie to pay to 
John Thin, portioner there, 58 s. Scots due for a ' sowmes 
grase ' of sheep about two years ago ; defender absent ; 
expenses 12 s. 

Eodem die decerns William Robsone in Lessudden as 
cautioner for Robert Scot in Gringills to pay to John 
Patoune in Lessudden 9 1. 14 s. Scots for a boll of ' beir 
meall ' bought before last Whitsunday and to be paid on 
St. Boswell's day thereafter ; defender confesses ; expenses 
16 s. 

Eodem die decerns Margaret Darling in Apletrieleaves 
to pay to John Stobo, now in Whitlaw, 7 1. 14 s. 4 d. for 
bygone fees for his service to her ; defender absent ; 
expenses 12 s. 

Eodem die decerns Mr. William Duguid, portioner of 
Apletrieleaves, to pay to Alison Patersone there 3 1. for 
her service to him a year ago ; defender absent ; expenses 
10 s. 

Eodem, die decerns John Cochrane, herd in Longshaw, 
to deliver to John Smith in Moshouses a ewe and a lamb 
detained since Whitsunday last ; defender confesses ; 
expenses 12 s. 

Eodem die decerns same to deliver to George Turner 
in Longshaw 3 ewes and a hog given him to herd and 
redeliver or the skin or ' bime,' or otherwise pay 3 J. for 



FISHING IN CLOSE TIME 5 

each ewe and 30 s. for the hog, in all 10 1. 10 s. ; defender 
confessed losing the 3 ewes ' and lambe ' ; expenses 18 s. 

Eodem die absolves Thomas and James Turner in 
Ridpethe, William Forsoun there, Robert Mean© in 
Newsteid, Robert Forsoun there, James Sympsone in 
Eildoun, Andrew Heitoune in Darnick, Robert Ormestoun 
in Galtonside, John Halywall there, Robert Clark and 
Robert Meine there, George Cowper in Westhouses, 
Thomas Williamsone there, John Learmonth there, 
Andrew Ritchie there, and John Mabone in Coblehou^e, 
from the action pursued by William Edgar, portioner of 
Melrose, procurator fiscal of the regality of Melrose, 
against them for fishing (in the waters of Tweed and 
Leader) in close and forbidden time, viz. Michaelmas 1661 
to St. Androes day thereafter, ' by wastle windnett coble 
and utherways ' ; because referring to their oaths they 
all denied. 

Eodem die absolves Marion Smith in Longshaw from 
delivery of a ' wader sheip ' to James Smith in Moshouses 
which he alleged she had kept from him for three years 
past ; because both parties referred to James Mein, who 
declared judicially the sheep pertained to defender. 

Eodem die alj^olves Andrew Penman in Melrose from 
action by James Lawrie in Caldsheill, who alleged he by 
advice of defender hired and feed ' Andro Penman his 
sone ' from Whitsunday to Martinmas last for 4 1. Scots of 
fee and a ewe lamb, an ell of plaiding and a pair of shoes 
of bounty, but after 14 days' service the lad was caused 
by defender to desert and he reset him, so he ought to 
refund fee and bounty. Referred to defender's oath, who 
denied in omnibus, 

Eodem die absolves George and James Turner in Long- 
shaw from action by Nicol Cairnecroce there narrating 
that they set to him from Whitsunday 1661 to Whitsunday 
1662 five sowmes grass, and that ' Jon Cochrane ther hird 
had be his sloath and negligence lost the persewer twa 



6 MELROSE REGALITY RECORDS 

sheip and broken the neck of ane other,' each worth 4 1. 
and had delivered neither skin nor bime, so ought to pay. 
Referred to Cochrane's oath, who deponed ' that the 
persewer dehvered to him 30 ewes and 20 yeUd sheip, 
which ware yet extant and none of them ether lost or 
broken necked.' 

Eodem die absolves John Cruiks in Galashiels from 
action by James Moftet in Wester Longley for delivery 
of four bolls wheat sold to him in 1661 at 10 1. 1 s. 4 d, 
the boll. Referred to defender, who referred back to 
pursuer, who failed to compear and depone at the term 
assigned. 

Eodem die absolves Thomas and James Turner in 
Ridpeth, etc. as formerly for fishing in close time. [Dupli- 
cate entry.] 



Melrose, 25 January 1662 ; Gideon Jackson of Lochhouses. 
(Alexander Usher, officer.) 

Which day, decerns Mr. William Duguid, portioner of 
Apletrieleaves, to pay to Alison Bell, now servitrix to 
James Lithgow of Drygrange, 5 1. 13 s. 4 d. of fee due for 
her service to his wife, Whitsunday to Martinmas 1659 ; 
his wife acknowledging debt ; expenses 12 s. 

Eodem die decerns William Caimecroce of Allanshawes 
to pay to George Patersone in Gallashiells 9 1 . for a boll 
of bear bought and received by Walter Caimcroce, eldest 
lawful son of said William, who promised to redeliver 
at Michaelmas or pay the 9 1. ; defender absent ; 18 s. 
expenses. 

Eodem die decerns Mr. William Duguid, portioner of 
Apletrieleaves, to pay to James Darling, sometime there, 
now in Waderlie, six firlots oats or 10 1. Scots for what was 
eaten and destroyed by his horses in September 1658, 
estimated to 3 bolls oats by Adam Wilson and John 
Frater in Longhaughe, Andrew Phaupe in Melrose and 



MOSSE V. MOSSE 7 

James Moffett in Threipwood ; both parties submitting to 
bailie's determination ; expenses 18 s. 

Eodem die decerns Andrew Darling, portioner of 
Apletrieleaves, to pay to Mr. William Duguid, portioner 
there, 15 t. as balance of 24 1. due after accounting in 
terms of BUI, 11 December 1658 ; defender confessed ; 
24 s. expenses. 

Eodem die decerns John Mosse, younger, in Damick, 
with consent and in name of his wife, Helen Mosse, to grant 
and subscribe to John Mosse, elder, portioner of Damick, 
his father-in-law, a discharge for 400 merks of tocher in 
full of all portion they might claim from him or Marion 
Fisher his wife by their decease, except by legacy or 
inheritance in terms of their contract of marriage dated 
at Melrose, 2 October 1657 ; and of 4 1. 3 s. superexpended ; 
because John Mose, pursuer, had paid the tocher as 
follows, viz. to the defender ' when his sone was baptized,' 
6 1. ; more, 24 1. ; to his wife at defender's directions 
1 1. 10 s. ; to Isobel Lithgow in his behalf and at his 
direction 66 1. 13 s. 4 d. ; to Margaret EUeis 69 1. 13 s. 4 d. ; 
to Isobel Hownhame 33 1. 6 s. 8 d. ; to Gideon Jacksone 
8 1.; to William Curror for a mare to the defender, 40 1. ; 
for a cow bought by defender from pursuer, 26 1. 13 s. 4 d. ; 
extending in all to 270 1. 16 s. 4 d. which is 4 1. 3 s. over the 
400 merks. Referred to defender's oath, who referred 
back to pursuer, who deponed affirmative. 



Melrose, 8 February 1662 ; Gideon Jackson. (Alexander 
Usher, officer.) 

Which day, decerns James Meane, mason in Newsteid, 
called Towneheid, to pay to Robert Bunzie there 71. 10 s. 
Scots for a boll of oats sold to defender at Martinmas 
1660 ; defender absent ; expenses 8 s. 

Eodem die decerns Andrew Darling, son of Peter Darling, 
portioner of Apletrieleaves, to pay to Michael Fisher in 



8 MELROSE REGALITY RECORDS 

Damick 12 1. in his bill 8 October 1657 to Andrew Greir- 
sone, merchant burgess of Lithgow [sic], who assigned to 
Fisher ; defender absent ; expenses 24 s. 

Eodem die decerns Thomas Law, weaver in Melrose, to 
pay to Michael Fishare, son of William Fishare in Darnick, 
6 1. 2 s. in bill by defender to pursuer 2 January, last 
payable on 15th, with 40 s. expenses ; defender present ; 
confessed debt. 

Eodem die decerns James Turner in Netherlongshaw to 
pay to James Ritchiesone in Hawicksheill 20 s. Scots with 
a ewe lamb or 24 s., as balance of price of 9 ewes and 
lambs bought from pursuer in 1660 ; defender absent ; 
expenses 8 s. 

Eodem die decerns William Wallace, weaver in Melrose, 
to pay to John Meane, maltman in Newsteid, 10 1. Scots 
as balance of price of malt bought at Lammas last ; de- 
fender absent ; expenses 24 s. 

Eodem die [duplicate of above, but expenses miodified 
12 s.] 

Eodem die decerns Thomas Wilsone in Galtonside to 
pay to Robert Mein there 40 s. for 100 divots, 6 s. for a 
day's shearing, and 3 s. 4 d. for a hook ; referred to 
defender, who ' deferred ' to pursuer, who deponed 
affirmative ; expenses 18 s. 

Eodem die decerns James Merser in Newsteid and James 
Mein in Newsteid to deliver to Andrew Cairncroce, 
portioner of Ridpeth, 2 bolls, and 4| bolls a little firlot, 
of bear respectively, due by them to Barbara Andersone, 
widow of Bernard Mean, son of deceased John Mein, por- 
tioner of Newsteid, and arrested in her hands by the 
pursuer ; defenders judicially confessed. 

Eodem die ' decernes all and sundrie conforme to the 
elaime to mak payment to the shoolmaster as the double 
of the decreit with this dayes proces beires.' 



SUNDRY DECREES 9 

Melrose, 8 March 1662 ; Gideon Jackson. (Alexander 
Usher, officer.) 

Which day decerns Margaret Darling in Apletrieleaves 
to pay to Grizel Paterson'e there 3 1. 10 s. of fee, Martinmas 
1660 to Whitsunday 1661, and 10 s. of borrowed money ; 
defender absent ; expenses 10 s. 

Eodem die decerns Adam Darling in Westhouses to 
pay to Thomas Blaikie there 9 1. for drink and of borrowed 
money ; and William Mairtine there to pay to said Thomas 
55 s. for drink received ; defenders absent ; expenses 14 s. 
(Darling) and 10 s. (Mairtine). 

Eodem die decerns William Cairnecroice of Allanshawes 
to pay to George Wilsone, litster in Longhauche, 4 1. 12 s. 
Scots for dying cloth for his wife ; defender absent ; 10 s. 
expenses. 

Eodem die decerns John Thin, portioner of Blainslie, 
to pay 5 merks as price of a barn door taken away by 
Katherine Dods, his mother, about 4 years ago, and 24 s. 
Scots for 4 days' shearing owing ' to the said persewer,' 
and 10 s. 6 d. borrowed money ; and absolves him and 
his mother from some sheaves of bear alleged intromitted 
with ; pursuer referred to defenders, who deferred to him, 
who deponed as to first three, but refused to depone anent 
the bear sheaves ; 12 s. expenses. [Pursuer's name not 
given.] 

Eodem die decerns Nicol Cairnecroce in Longshaw to 
pay to Mungo Donaldsone in Melrose 20 merks ; defender 
failed in probation ; expenses 30 s. 

Eodem die decerns same to pay to John Hall in Long- 
shawmilne 10 merks as price of 20 lambs' grass, 1661, 
pastured on pursuer's ground in Threipwood, and 25 s. 4 d. 
for hay bought from pursuer at Lammas last, extending 
in all to 7 1. 18 s. 8 d. ; pursuer referred to defender, who 
deferred to pursuer, who deponed affirmative ; expenses 
16 s. 

Eodem die decerns Andrew Heitone, portioner of New- 



10 MELROSE REGALITY RECORDS 

towne, to deliver to William Bulman, portioner there, 
a quarter of a rig in the Maynes, and Bulman to 
deliver to Heitone half a butt in the Swyre head, ' and 
eache of tl^em this yeare to plew to uthers ' ; also Heitone 
to deliver to Bulman a butt of land lying in the Southe- 
breids ; finds Bulman ' compleanes causeleslie anent 
Holdingreen ; also ordains them ' to keip ther awne 
possessiones eist betwixt the burnes, and the said Andro 
to deliver to the said William his eister incraft butt, and 
the said William to deliver to the said Andro the wester 
butt in the out end therof ' ; finds the said William 
complains causelessly ' in Broadmoore, and ordaines 
ether of them to keip ther owne possessiounes out throw 
the rest of the towne and lands off Newtowne heirefter ' ; 
both parties having referred the controversy to John 
Riddell and James Vair (for Bulman), and Thomas 
Stenhous and Nicol Cochrane (for Heitone), and bailie 
interponed his decreet to their report. 

Eodem die absolves Richard Sklaitter in EUdoune from 
action by Mungo Donaldsone in Melrose for 24 1. as board 
and maintenance of four soldiers ; referred to defender, 
who denied. 

Eodem die action by William Edgar, fiscal, and William 
Fletcher, son of Mr. John Fletcher, minister at Melrose, 
against John Bald, son of George Bald, portioner of Bow- 
downe, who on 11 February last ' did violentlie beat, strike, 
and wound the said William Fletcher upon severall parts 
of his bodie to the great effusione of his blood and danger 
of life.' William Wallace, cautioner, produced defender, 
who confessed ; and the bailie ' in respect of his minoritie 
past from the bloodwyte, and dicemes the said Johne 
Bald instantlie to be takine and put in the jogs for halfe 
ane houres spaice.' 

Melrose, 5 April 1662 ; Gideon Jackson. (Andrew Phaupe, 

ofiicer.) 

Which day decerns Andrew Tunno, portioner of 
Melrose, to deliver to Michael Gibsone, indweller there. 



SUNDRY DECREES 11 

six threaves of oat straw or 9 s. Scots for each threave, and 
six threaves of bear straw ' and ane stook,' or 6 s. 8 d. per 
threave, in all 4 1. 17 s. 4 d., and 20 merks of penalty ; 
pursuer producing tack dated 15 August 1659, registered 
6 February last, set by defender to him ' of the lands 
therinspecifeit,' whereby pursuer was obliged to pay 
yearly ' teynd and thrid ' to the defender, and he was 
obliged to deliver back the teind and third straw to 
pursuer yearly under said penalty; and defender con- 
fessed obligation. 

Eodem die decerns George Taillyeor, portioner of 
Blainslie, to pay to John Davidsone, portioner there, 
8 1. 15 s. as balance of price of 1| merk land sold by 
pursuer to him ; referred to defender's oath, who deferred 
to pursuer, who deponed affirmative ; expenses 18 s. 

Eodem die absolves John Sownhaus, portioner of 
Blainslie, from action by Robert Lawder there, who was 
hired with him from Martinmas 1658 to Whitsimday 
1659 for 13 1. and served honestly during that space, but 
received only a half boll bear (at 10 merks) and 12 s. 
Scots, so there is resting 4 1. 14 s. 8 d. ; referred to de- 
fender, who deponed all paid and nothing resting. 

Melrose, 7 April 1662 ; Gideon Jackson. (Andrew Phaupe, 

officer.) 

Which day, decerns Thomas Waderstoune in Clakmae 
to pay to Alexander Lowthiane ta Lylestoune 7 1. 18 s. 
resting unpaid of price of 2 bolls bear bought at Beltane 
1660, at 12 1. the boll ; referred to defender, who deponed 
16 1. 2 s. paid, and above resting ; 40 s. expenses. Absolves 
from 16 1. 2 s. 

Eodem die decerns James Mercer in Bridgend to deliver 
to Mark Blaikie, portioner of Melrose, half a boll ' good 
and sufficient beir suche as will please ane maltman,' or 
5 1. Scots, due to pursuer for the price of some meal bought 
from him at Michaelmas last ; defender absent ; 16 s. 
expenses. 



12 MELROSE REGALITY RECORDS 

Eodem die decerns John Cochrane, herd in Longshaw, 
to pay to Thomas Notman in Mosshouses 4 I. Scots and 
20 s. for a ewe lamb promised of fee, Whitstmday to 
Martinmas 1661, payable on 12 November 1661 ; defen- 
der confessed ; expenses 15s. 

Eodem die decerns John Davidsone, portioner of 
BlainsUe, to pay to George Tailyeor, portioner there, 
54 s. for bygone cess paid by Taylor for lands bought from 
Davidson, who confessed he was obliged to warrant the 
same from all bygone cess ; 10 s. expenses. Absolves 
Davidson from ' ane five merk pece of gold ' allegfed given 
by pursuer to him ' in earnest of the lands,' and 12 s. lent 
by pursuer to him, and 10 s. alleged undertaken by 
pursuer to pay to Helen Rolmanhous for the defender, 
in respect that being referred to defender, who deferred 
to pursuer, the latter refused to depone as to these. 

Eodem die decerns William Edgar, portioner of Melrose, 
to pay to John Feirgreive in Eildon 10 1. Scots due as fee 
for service in 1659 ; expenses 12 s. ; defender confessed 
the debt, ' but declaired that the said persewar haiveing 
fallen twise in fornicatione was fyned be Sir Walter 
Riddell, Sir Thomas Ker, and Gideon Wauchope, then 
justices of peace, in the sowme of 10 lib. and incarcerat 
in prisone therfor, for whom the said defender become 
cautione, and so could not be decerned to mak payment 
untUl he was releaved of his cautionarie and also the 
arreistment laid on be the saids justices of peace in his 
hands lowsed.' Supersedes extracting till pursuer pro- 
cure the justices' discharge and consent ; and Andrew 
Phaupe became cautioner for the pursuer to warrant the 
defender. 

Eodem die decerns Agnes Midlemist in Newsteid to 
deliver to Isobel Bunzie there a boll of bear or so much 
thereof as will pay 71. 4 s. due to pursuer by James 
Meane, portioner of Newsteid, now in Faldonside, and 
arrested in her hands ; referred to Mean's oath, who 
refused to depone, as being minor at the time of the debt ; 
pursuer deponed affirmative ; 30 s. expenses. 



ACTION FOR SLANDER 13 

Eodem die action by Morgan Williams, cordiner in 
Melrose, against John Maxwell there, narrating that 
' in Januar last the defenders wife haiveing lost ana hen 
told her husband, who imediatlie without any ground or 
presumption said he wold tak a hen and hing it upon the 
yett that enters to the persewars house that all men 
might know non lived ther but thiefes ; and the nixt day 
therefter haiveing gotten his hen againe, the said persewar 
desird him to kelp his hens out of his house, and said 
defender answered and bad the persewar hold his peace 
for he was nothing but a thiefe and was proven so to his 
faice ' ; diverse times called, both parties personally 
present, reasons and allegations heard and considered, 
decerns John Maxwell to remain in prison till he pay 10 1. 
equally between William Edgar and Andrew Phaupe, 
and to compear ' the nixt Sabbath in Melrose kirk, and 
in faice of the congregatione craive the said Morgan 
Williams pardon and acknowledge he did wrongouslie 
calumniat him ' ; pursuer having referred to defender's 
oath, who deferred to him, who deponed affirmative. 

Melrose, 3 May 1662 ; Gideon Jackson. (Andrew Phaupe, 

officer.) 

Which day decerns Mr. William Duguid, portioner 
of Apletrieleaves, to pay to William Davidsone, indweller 
in Melrose, 20 1. Scots promised as fee for service, Mar- 
tinmas 1660 to 1661 ; defender absent ; expenses 30 s. 

Eodem die decerns Thomas Gastoune in Lessudden to 
pay to John Erskeine, portioner of Lessudden, 38 1. 1 s. 9 d. 
Scots as the price of 3 bolls 2 pecks and 3 ' fourtpairts ' 
of ferme bear due to pursuer for three quarters ' of ane 
land in Lessudden ' pertaining to him and possessed by 
the defender, crop 1661, at 12 1. the boll ; defender 
absent ; 30 s. expenses. 

Eodem die decerns Andrew Tunno, portioner of Melrose, 
to pay to Robert Mar there and Bessie Andersone his 
spouse 20 1. Scots due by him to deceased John Anderson, 



14 MELROSE REGALITY RECORDS 

brother of said Bessie, and promised to them since John's 
decease ; defender absent ; expenses 40 s. 

Eodem die decerns WilUam Notman in ColmesHe to 
pay to George Bowstoune in Galashiels 40 s. Scots ' in 
compensatione of his loss of two bolls of said oates ' 
bought from defender at 6 1. 6 s. the boll, to be delivered 
in March last, and 6 s. was paid in earnest thereof, but 
what he brought was not conform to sample ; referred to 
pursuer's oath, who deponed they were not conform to 
sample ; 12 s. expenses. 

Eodem die decerns Mark Kyll, portioner of Lessudden, 
to pay to William Edgar, fiscal, 10 merks of fine for striking 
Janet Kyll his sister and Isobel Bryden her daughter in 
April last, defender denied upon oath ' that he either gave 
or receaved blood,' and confessed ' that he took the said 
Jonet Kyll on stroak on the shoulder ' ; absolved from 
the blood, decerned for the riot. 

Melrose, 5 May 1662 ; Gideon Jackson. (Andrew Phaupe, 
officer. 1) 

Which day decerns Patrick Blaikie in Wooplaw to pay 
to William Curror in Lindean 12 1. as the price of a boll of 
household meal bought by defender in 1655, also 4 1. as 
price of a broun cloak for which the defender promised 
a stone of wool within 14 days thereafter ; defender 
absent ; expenses 3 1. 

Eodem die decerns Thomas Greive, servitor to William 
Fisher in Colmsliehill, to pay to George Fram in Lauder 
and his wife 23 s. Scots for drink bought from them ; de- 
fender absent ; expenses 6 s. 

Eodem die decerns Isobel Smyth in Colmslie to pay to 
Marion Dick in Galashiels 11 1. received by her for pur- 
suer's behoof from James Pringell in Ersilton, as the 
bygone annualrents of 100 merks due by him to pursuer ; 
defender absent ; expenses 24 s. 

^ Who seems to continue officer of court after this time. 



PENALTY FOR ASSAULT 15 

Eodem die decerns John Bunzie, elder, portioner of 
Newstead, to pay to David Davidsone in Kaidslie 
8 I. 13 s. 4 d. with 30 s. of expenses, conform to defender's 
bond 29 December 1660 to pursuer ; defender confessed, 
and craved pursuer to find caution to answer him as law 
will. 

Eodem die decerns John Andersone, portioner of Rid- 
peth to pay to William Edgar, procurator fiscal, 10 1. as a 
fine for striking George Adinston in Fawnes, when they 
were in company together drinking in Barbara Andersone's 
house in Ersilton on a day in February last ; defender 
deponed he neither gave nor received blood, but confessed 
striking George ; absolved from the blood. 

Eodem die absolves Margaret Darling in Westhouses from 
action by Adam Darling there against her for 121. for house 
rent and others ; defender denying, admitted to probation, 
and pursuer produced Thomas Law and Robert Ormiestone, 
whose depositions the bailie found proved not the libel. 

• 
Melrose, 24 May 1662 ; Gideon Jackson. Held by dis- 
pensation of the Lords of Council and Session dated 
15 May instant, ' dispensing [without] the sitting of 
the present high and honorabill Court of Parliament.' 

Which day deceftns Adam Darling in Westhouses to 
pay to John Mabane in Coblehouse 5 1. s. 4 d. Scots due 
to pursuer and his wife for drink, and 3 1. 2 s. 8 d. of 
borrowed money, extending to 8 1. 3 s. ; referred to de- 
fender, who deferred to pursuer, who deponed affirmative ; 
expenses 16 s. 

Eodem die decerns John Uns, tailor in Lessudden, to pay 
to Andrew Cook, younger, in Melrose, 3 1. Scots and a pair 
of shoes worth 12 s., and 2 s. daily for six days' work ; 
total 41. 4 s. Both parties submitted to bailie, who or- 
dained defender to pay to pursuer presently 2 merks, which 
was paid. 

Eodem die decerns William Fisher in Newsteid to pay to 



16 MELROSE REGALITY RECORDS 

George Blaikie in Melrose, executor to deceased Margaret 
Lithgow his mother, 16 1. 6 s. as balance of a greater sum 
addebted by defender to defunct and paid to pursuer 
except the said amount ; defender absent ; expenses 24 s. 

Eodem die absolves William Fishar of M'Quhirrie from 
action by Andrew Darling, portioner of Apletrieleaves, 
for 20 1. Scots promised within 14 days in 1660 ; because 
defender confessed ' he was resting and awand to Andro 
Kennedie the soume of twentie punds, quhilk the said 
persuer desired him to keip still in his hand in respect 
Andro Kennedie was awand him as muche,' therefore the 
bailie arreisted the said sum in his hands ' for my Lordis 
ferme, and obteaned payment, which the baillie acknow- 
ledged,' and therefore absolved. 

Eodem die absolves Margaret Tumor, widow in l^lainslie, 
from action by James Sympsone in Eildon and Agnes 
Pringell his spouse against her for 4 1. as balance of 8 1. 
borrowed from said Agnes Pringell 16 years ago, and * four 
salmond and reiked fishe ' at 12 s. apiece about 6 years 
ago ; referred to defender's oath, who deponed negative. 

Eodem die absolves Andrew Fishar, son of John Fishar 
of Westerhousbyre, from action by Ephraim Wilkiesone 
" in the house of the Moore,' narrating that in August 
1661 the said Andrew earnestly desired Ephraimi to go to 
Edinburgh ' anent som.e necessar affaires for purchasing 
of ane suspensione, for which the said Andro promised 
him 12 lib. Scots, and also ane band of warrand and releife 
to the said Ephraim in respect he become cautioner in the 
said suspensione ' ; referred to defender, who denied whole 
claim. 

Eodem die decerns James Lythgow of Drygrange, Mr. 
Michael Wallace, eldest lawful son of deceased William 
Wallace, late clerk of Melrose, and George Wallace his 
servant, to exhibit as follows : James Lythgow, all bonds, 
discharges, assignations, decreets, contracts, tacks, charters, 
sasines, etc., entrusted to him while he was bailie-depute of 
the regality and chamberlain to John, Earl of Hadington, 



DECREE FOR REGALITY PAPERS 17 

and the others to produce all writs given in to be registered 
in the court books of the regality since 1618, with the books 
and registers wherein they were inserted, and also all 
claims, libels, minutes, processes, warrants, rolments of 
court, sentences and acts, and the books wherein the 
same were recorded, since 1618 ; ' the said persewer ' com- 
pearing by William Edgar his procurator, referred to de- 
fenders' oaths, who being absent were held as confessed ; 
but on 10 June 1662 Mr. Michael Wallace and George 
Wallace compeared and deponed negative except as to 
what they presently produced. 

Melrose, 7 June 1662 ; Gideon Jackson. 

Which day decerns William Fisher in Damick, ' called 
Mikle William,' to deliver to Robert Clark in Galtoneside 
20 1. Scots with 3 1. 6 s. 8 d. of expenses, and the interest, 
contained in Bond 24 February 1662 by Thomas Bell, 
eldest son of William Bell in Quhitburne, to said Robert 
Clerk, registered 19 May last, and arrested in Fisher's 
hands ; Fisher confessing he owed said Thomas Bell 60 1. 
payable at St. Bamabies day next. 

Eodem die decerns Thomas Bowie in Melrose to pay to 
Janet Andersone there, for certain necessaries furnished 
by her to James Lji^hgow of Drygrange and his children 
at their chamber in Melrose, 1661, 58 s. Scots, whereof 
Bowie promised payment at Drygrange's direction ; also 
30 s. for necessaries furnished to himself by her ; referred 
to defender's oath, who aclcnowledged debt, and instantly 
paid 58 s. for Drygrange ; decerned to pay 30 s. resting, and 
6 s. expenses. 

Melrose, 10 June 1662 ; Gideon Jackson. 

Which day William Edgar, fiscal, produced an order 
subscribed by John, Earl of Haddington, directed to 
Gideon Jackson, bailie depute, and dated at Edinburgh, 
3 June 1662, narrating that order was formerly given " for 

VOL. II. B 



18 MELROSE REGALITY RECORDS 

banishing of that wicked woman Barbara Ker ' out of the 
regaUty for theft, and that none reset her, and now seeing 
it is informed that she frequents or intends to reside in or 
about Melrose, the order is renewed to prohibit her from 
dwelling within the regality hereafter, and that none reset 
her, and if she is found therein she is to be put in prison 
till she finds caution ' for her honest, christiane and civill 
behavior and deportment in tyme comeing.' Being 
charged, the said Barbara compeared and desired the order 
to be openly read in her audience, and it is inserted at 
length ; thereafter she desired Monday next, 16 June, to 
advise and find caution, which was assigned to her ; on 
which day neither she nor any for her compeared, where- 
upon the bailie executed the order, and enacted that any 
who shall reset her shall pay 20 merks of penalty, and that 
this be proclaimed at the market cross of Melrose. 



Melrose, 14 June 1662 ; Gideon Jackson. 

Which day decerns Robert Freir in Galtonside and 
George Wallace in Melrose, as cautioners for Alexander 
Ridpeth there, to pay to Thomas Williamsone in West- 
houses 16 1. for trees bought by Ridpeth from Williamson, 
to be paid last ' Paishe ' ; Freir and Ridpeth acknow- 
ledged debt, Wallace not compearing held as confessed ; 
30 s. expenses. 

Eodem die decerns James Lythgow of Drygrange to pay 
to Mr. James Somervaill, schoolmaster in Melrose, 6 1. as 
part of 23 merks claimed by him ' for learneing of his 
children, viz. Alexander, John, Andro, William, Agnus 
and Katherine Lythgowes, from the 2d day of May 1660 
to the 2d of August the said yeir, as also for learneing the 
saids Alexander, John, Andro and William Lythgowes, 
from Michaelmes 1661 to Candlemes 1662, ilkane of them 
being 13 s. 4 d. quarterlie ' ; John Bunzie, procurator for 
Lythgow, confessed 6 1. and deferred the rest to pursuer's 
oath ; 18 s. expenses ; reserves action to pursuer for rest 
of claim. 



CAIRNECROCE v. DONALDSONE 19 

Eodem die absolves Mungo Donaldsone, portioner of 
Melrose, from action by Nicol Cairnecroce in Longshaw, 
who narrated that Donaldsone pursued him before this court 
for relief of a fine of 16 1. 10 s. paid by Donaldsone for him to 
the justices of peace, but the fine was only 121., and offered 
witnesses to prove he paid the fine himself ; Thomas Law, 
weaver in Melrose, came, but was not received because the 
other witness was absent, so Cairnecroce craved Donald- 
sone's oath of calumny whether he had just cause to pursue, 
' and whither or not he only got the forsaid sowme from me 
at the justices directione to keip untill the nixt day that 
uther fynes come in.' Donaldsone produced and opponed 
his decreet, wherein the term of probation of the foresaid 
exception was circumduced, therefore the judge adhered 
to former decreet and absolved as said is. 

Eodem die absolves Thomas Notman in Mosshouses from 
action by John Cochrane, herd in Longshaw, who delivered 
to said Thomas, being servant to said John in summer 
1661, ' ane hirsell of hogs,' whereof he lost three and gave 
neither skin nor birne, for which three hogs George Turner 
in Longshaw pursued said John and obtained payment. 
Thomas Notman compeared, ' being about the aige of 13 
yeares, denyed that ever the said John Cochrane numbered 
and delivered the hogs to him,' and bailie absolved him in 
respect of his minority. 

Eodem die absolves John Andersone in Ridpethe ' called 
Jeanes Johne ' from action by John Rodger, portioner of 
Ridpeth, who on 31 March last hired Anderson for 9 1. and 
a pair of shoes, to serve him this summer 1662, but about 
ten days before Whitsunday he quitted the agreement ' to 
the said John Rodger his great losse by want of a servant 
now when his elding was to win,' and Anderson should 
either return or pay the said hire conform to practice ; 
defender declared he gave over the service within four days 
of the bargain making, ' and seing it was not 20 dayes to 
the terme quhen he was hyred he could not give over the 
samyn 40 dayes befor the terme ' ; therefore absolved. 



20 MELROSE REGALITY RECORDS 

Eodem die absolves William Caimecroce of Allanshaw 
from action by Mr. Matthew Richmond in Lawder naira- 
ting that at Martinmas last said William promised to give 
to Richmond for teaching his second son Nicol Caimecroce 
the art of arithmetic ' alsmuche come and strae or hay as 
any horse would eat dureing his sones learning with him, 
togither with asmuche elding as the said Mr. Mathew 
sould bume for his owne use,' and Richmond having 
taught the boy for 10 weeks and 4 days claims for each 
24 hours 3 lapfuU of oats with 6 ' winlings ' of straw, ex- 
tending to 5| bolls of oats, 18 threaves of straw, 70 loads 
of peats, and 40 merks for his bed and board. Referred the 
condition to defender's oath, who deponed he had sent 
Richmond ' everie weik ane load of strae and ane uther of 
peits according to ther agriement,' and denied the other 
particulars. 

Melrose, 26 June 1662 ; Gideon Jackson. 

Which day decerns Robert Mein, elder, portioner of 
Newsteid, John Bunzie, elder, Robert Trotter, Andrew 
Mein, mason, and John Merser, portioners there, to 
pay to John, Earl of Hadington, for themselves and the 
rest of the feuars of the town and lands of Newsteid, 
53 1. 6 s. 8 d. due and resting by them for the years 1650 
and 1651 conform to their Ticket to deceased Alexander 
Usher, servitor to James Lythgow, then the Earl's cham- 
berlain ; all confessed the ticket but declared they knew 
not for what cause it was granted, and they had no dis- 
charge of it ; 3 1. expenses. 

Eodem die decerns John Davidsone, portioner of Blains- 
lie to pay to James Rolmanhous there 5 1. Scots uplifted 
by Davidson from James Smith in Blainslie for the year's 
rent of a house there set by said John ' with halfe a land ' 
to the said James Rolmanhouse, who set subtack to 
Smith, but Davidson refused to allow same in part pay- 
ment of Rolmanhouse's ferme and received the full ferme 
from him and also the forsaid sum from Smith ; defender 
absent ; 12 s. expenses. 



LANGSHAW MULTURES 21 

Eodem die decerns William Hendersone in Lawdup- 
moore to pay to Walter Riddell, miller in Colmslie, 4 1. 7 s. 
being for 4 pecks oatmeal and 1 peck knaveship and 12 s. 
for 1 peck bearmeal, extending as above, for his astricted 
multures, 1661 ; referred to defender's oath, who failed 
to compear, and is held as confessed ; 16 s. expenses. 

Eodem die decerns the following to pay to Patrick Haitlie 
miller of Longshaw, for abstracted multures, 1660, as 
follows : — John Sownhouse in Blainslie, the abstracted 
multures of 3 bolls of bear, James Sownhouse there 1 boll 
bear, John Thin there | a peck and ^ a ' copfuU,' George 
Patersone, 4 bolls, John Stirling 2 bolls, James Rolman- 
house, elder, 2 bolls, Thomas Caldcleuch 4 bolls, Patrick 
Blaikie in Uplaw 2 bolls, Andrew Darling in Apletrieleaves 
2 bolls oats, Mr. William Duguid there 6 bolls ; and William 
Cairnecroce of AUanshaw is to pay 36 s. for the price of 
certain meal bought by him from the petitioner ; referred 
to their oaths, who all confessed except George Paterson, 
James Rolmanhous and Thomas Caldcleughe, who failing 
to compear were held as confessed ; each person to pay 
also 2 s. Scots expenses of plea. Andrew Thomson in 
Apletrieleaves absolved. 

Eodem die decerns Thomas Reidfurde in Melrose to pay 
to Andrew Penman, portioner there, 50 s. 8 d. as balance of 
the price and condition promised to Andrew for tilling his 
land at Martinmas 1661, also 26 s. 8 d. for a ' cairtfuU of 
broome ' borrowed from pursuer, and 8 s. for making a pair 
of salt creels, and 6 s. for a window ' and broads,' extend- 
ing in all to 4 1. 11 s. 4 d. ; defender absent ; 6 s. 8 d. 
expenses. 

Eodem die decerns the following to pay to Adam Hyslop, 
miller in Longshaw, for abstracted nmltures, 1662, as 
follows : — John and Robert Leyes in Quhitleyes, abstracted 
multures of 2 bolls ' humblecome,' James Sownhous in 
Blainslie | a boll thereof, John Wallace, smith there, the 
like ; defenders absent ; 14 s. expenses. 

Eodem die absolves William Wallace, weaver, and James 



22 MELROSE REGALITY RECORDS 

Gourlay, cordiner ' ther ' [sic], from action by William 
Edgar, portioner of Melrose, fiscal, against them for beat- 
ing and striking each other on 18 June instant ; referred 
to their oaths, who denied all. 



Melrose, 9 July 1662 ; Gideon Jackson. 

Which day decerns William Mercer, weaver in Newstein, 
to pay to William Edgar, portioner of Melrose, fiscal, 50 1. 
as fine for ' blooding of Robert Meine, portioner of New- 
steid, called Long Andro's sone,' and fines said Robert 
Meine in 50 1. ' for the forsaid bloodwyte ' ; both confessed 
and submitted to bailie's will. 



Melrose, 19 July 1662 ; Gideon Jackson. 

Which day absolves John Thin, portioner of Blainslie, 
and William Greive, servitor to James Donaldsone, por- 
tioner there, from action by William Edgar, fiscal, against 
them for beating, striking, and wounding each other on 
— July inst. Also absolves John Merton, tailor in 
Dainzielton, from fiscal's action against him for beatiag 
and striking David Cuik, son of Andrew Cuik, portioner 
of Melrose. Also absolves William Wilsone, weaver in 
Longhauche, from fiscal's action against him for striking 
and woundiag Hew Darling, litster in Galashiels. Also 
absolves John Bowar, Eister, portioner of Eildon, and 
George Haistie, noltherd in Newsteid, from fiscal's action 
against them ' for offering of violence one to another and 
riving of the said John Bowar his cloak and taking of a gad 
from him in Apprill last he being hirding his owne goods 
upon his owne ground of Eildoun,' Also absolves Marion 
Fogo in Blainslie from fiscal's action against her ' for 
deteaning a waiffe yew and lamb in her custodie without 
making it to be intimat at the mercat croce and kirk door 
that the ricth owner may get knolege of them.' Being 
referred to defender's oaths, all deponed negative. 

Eodem die decerns Andrew Penman, portioner of Melrose, 



PRACTITIONER'S FEE 23 

and Adam Darling, portioner of Westhouses, to pay to 
William Edgar, fiscal, as follows : — ^the said Andrew for 
striking and blooding John Hownham, herd in Newsteid, 
on Sunday last with a knife, 50 1. Scots ; and Adam 10 l.for 
beating and striking William Darling his brother. Penman 
deferred to John Hownham's oath, who deponed he was 
bled in the hand with a knive. Darling denied blood but 
confessed he gave his brother ' twa neavells,' and sub- 
mitted to bailie's will. 

Eodem die decerns Thomas Blaikie in Westhouses and 
Margaret Darling his spouse to pay to Michael Fishar in 
Damick 9 1. as remains of certain malt bought from pur- 
suer in February last, payable within 8 days thereafter ; 
defenders absent ; 12 s. expenses. 

Eodem die decerns James Archbald in Lessudden to pay 
to Mungo Patoun, portioner there, 27 t. Scots as price of 
certain malt bought from pursuer at Yule last ; defender 
confessed debt and alleged that pursuer and he ' did agrie 
to superceid the payment of 25 lib. of the forsaid soume 
till his come was stooked upon the ground ' ; so supersedes 
25 1. as said is ; 40 s. expenses. 

Eodem die absolves James Rolmanhouse, younger, in 
Blainslie, from action by William Cranston of Huntlie- 
wood, portioner of Blainslie, claiming a boll of meal, Jed- 
burgh measure, of bygone ferme for crop 1660 ; referred to 
defender's oath who deponed he had paid all his ferme. 

' Decreet James Stoddert contra Uns and Stoddert, and 
Decreet James Archbald contra David Uns, unbooked 
becas they payed not the sentance silver nor extracted 
them, and thereafter was stopped be the baillie's ordor.' 



Melrose, 31 July 1662 ; Gideon Jackson. 

Which day decerns John Patoun in Lessudden to pay 
to Ralph Clavering, ' practitioner of the view of life and 
death,' 22 1. 16 s. Scots for drugs, expenses and travel in 
curing said John ' of ane deadlie disease in his mouthe and 



24 MELROSE REGALITY RECORDS 

throate which he had contracted so that he was not able 
to speak, and which the said Ralffe did cure, being im- 
ployed by the said defender his wiffe in winter last ' ; re- 
ferred to defender's oath, who deferred to pursuer, who 
deponed his charges extended to 24 1. ' quherof his wife 
had receaved 24 s. Scots,' so rests as above ; 3 1. expenses. 

Eodem die decerns James Turner in Longshaw to pay 
to John Stobo in Quhitley 3 1. 11 s. as balance of bygone 
fees due to him preceding Whitsiuiday 1661 ; referred to 
defender's oath, who confessed ; 13 s. 4 d. expenses. 

Eodem die absolves Patrick Blaikie in Woplaw from 
action by John Stobo in Quhitley against him for 191. Scots, 
and a pair of shoes at 18 s. for his fee from Lammas 1657 to 
Whitsunday 1658 ; referred to defender, who deponed he 
had sold and delivered to pursuer a stone of wool, price 
4 1. 10 s. and a half boU of oats, price 4 1. ' and did pay the 
[amount] to the said persuer himselfe.' 

Eodem die decerns Nicol Camcroce in Overlongshaw to 
pay to George Turner in Overlongshaw and James Turner 
in Netherlongshaw 22 s. and 13 1. 10 s. respectively ' for 
grasse maill and land sett be them to the said defender 
anno 1661 ' ; refrerred to defender, who confessed ; 13 s. 4 d. 
expenses. 

Eodem die decerns the feuars of Lessudden to pay to 
Margaret Park, widow in St. Boswalls, 17 L 18 s. Scots 
paid out by her for three months' cess ' for the use of the 
CoUedge of Justice, Lord Lyon, and Sir John Smith,' to 
Thomas Unes their collector, for which James Don, col- 
lector of Roxburghshire, daily troubles her and intends 
to poind her therefor ; because being found relevant and 
admitted to pursuer's probation ' the baillie declared he 
knew the treuthe ' and decerned as above ; 18 s. expenses. 
' Nota, the forsaid claime was drawen up be the persewer 
against the said Thomas Unes, collector, and he drew a bill 
upon Thomas Huntar and Walter Gibsone, quartermasters, 
to releive him becas he reported a discharge from the col- 
lector of the shyre of all the quartermasters gave him ; 



MARION FOGO RESETTING 25 

therfor to mak short and cleir proces the bailhe decemes 
against all the fewars ilkane of them for their owne pro- 
portione conforme to the valuatione.' 

Eodem die decerns Marion Fogo in Blainslie to pay to 
Andrew Lawsone in Stow 25 merks as the half of 50 merks 
for the price of 9 sheep ' bought and receaved from [by] 
John Greive in Lawder from him' on 26 December last 
and whereof the said John promised payment within 8 days ; 
also to James Thomsone there 13 1. 10 s. as the half of 25 1. 
for the price of 7 sheep bought from him by the said John 
Greive in November last, to be paid within 14 days there- 
after ; and now the said John Greive being imprisoned in 
the tolbooth of Lauder for theft and witchcraft declared 
before the bailies of Lauder that he was owing as above, 
and that Marion Fogo ' had gotten from him 205 merks 
quhilk belonged to the forsaids persones persewers, and 
wthers his creditors.' Pursuers and defender submitted 
to William Edgar and the clerk to agree them, and in case 
of variance to the bailie as oversman ; and being disagreed, 
referred to bailie, who decerned as above ; modifies to 
Andrew Lawsone 5 merks of expenses and to . James 
Thomson 18 s. 

Eodem die absolves Thomas Turner in Ridpeth and John 
Browne there from action against them by John Andersone, 
portioner there, claiming as due by Turner to him and his 
deceased father for his lands in Ridpeth 23 kainfowls at 
6 s. the piece, being 6 1. 13 s., and by Brown 16 kainfowls, 
being 4 1. 16 s., from 1651 to 1658. Isobel Andersone, 
pursuer's mother, compeared and declared that defenders 
had paid their whole kainfowls to her deceased husband 
and her, and they had paid the same to ' my lord.' 

Eodem die absolves James Meane, servitor to Andrew 
Phaupe in Melrose, from action by John Scot and John 
Hay in Galtonside, narrating that on 27 July instant being 
the Lord's Day, James Meane ' most wrongouslie and pro- 
phanelie brake in into the said Andro Phaupe his yaird, 
the fruite quherof they had boucht[?] this present cropt 



26 MELROSE REGALITY RECORDS 

1662, and ther did wrongouslie intromett with and away 
tak several! peares and aples furthe therof to ther great 
prejudice and skaith, and to the evill example of others ' ; 
referred to defender's oath, who denied. 

Eodem die absolves Robert Haistie in Maxpople from 
action by James TumbuU in Bowdoun claiming a ewe 
lamb promised at Martinmas 1658 if he stayed still in the 
pursuer's father's service that term, he being his servant 
before; defender minor, about 13 years of age, denied the 
claim, ' and the persewer had no other probatione but the 
defender his oath, which the baillie refuised in regaird of 
his minoritie.' 

Eodem die absolves Thomas Lythgow in Ridpeth from 
action by John, Earl of Hadinton, who obtained de- 
creet against William Bowar, portioner of Melrose, for 
33 1. 6 s. 8 d. of bygone feu-duties preceding Whitsunday 
1662, and on 9 June last caused Andrew Phaupe, officer, 
arreist in Lythgow's hands 30 1. due by him to said William 
Bowar ; William Edgar, procurator for pursuer, referred 
to defender's oath, who deponed he was owing only 3 1. to 
Bowar and had paid 50 s. thereof ' quhilk he delivered to 
the baillie for his maill,' and so is resting only 10 s. 

Eodem die decerns William Carnecroce of Allanshaw to 
pay to John, Earl of Hadinton, and his chamberlains 28 1. 
Scots due by him to William Moffet, portioner of Threip- 
wood, and arreisted for bygone carriages due by Moffet 
and his authors and predecessors for his lands in Threip- 
wood preceding Whitsunday 1662 ; referred to defender's 
oath, who deponed he was owing only said 28 1. to Moffat, 
payable next Martinmas. Supersedes execution till Mar- 
tinmas next. 

Modem die decerns Isobel Barrie and Margaret Barrie, 
only lawful daughters and heirs portioners retoured to 
deceased William Barrie, portioner of Galtonside, to pay 
to John, Earl of Hadinton, certain feu-duties resting by 
them and their father for 2| acres of land in Galtonside, 
viz. from Whitsunday 1646 to Martinmas 1655 for the said 



LORD HADDINGTON'S FEU-DUTIES 27 

2^ acres, 6 1. 2 s. 11 d. termly or 12 i. 5 s. 10 d. yearly'; 
and for one acre from Whitsunday 1658 to Martinmas 
1660, 41. 18 s. 4d. yearly; for 2 1 acres, Whitsunday and 
Martinmas 1661, 12 1. 5 s. 10 d. ; for one acre, Whitsunday 
1662, 2 1. 9 s. 4 d. ; also for nine long carriages at 18 s. 
and 9 kainfowls at 6 s. 8 d., 10 1. 16 s. ; extending in all 
to 138 1. s. 10 d. Scots. William Edgar, pursuer's 
procurator, referred to defender's oaths, who not com- 
pearing were held as confessed ; expenses 10 merks. 

Eodem die decerns said Isobel and Margaret Barrie, heirs 
foresaid, to denude in favour of John, Earl of Hadinton, 
their possession of 11 1 acres of land in Gattonside, with 
pertinents, which their deceased father comprised from 
Alexander Barrie in Gattonsyd, and of which the deceased 
Thomas, Earl of Haddington, granted a charter to said 
William Barrie upon the apprising ; but seeing only three 
of the said acres were occupied by him by virtue of the 
apprising and the rest pertained to the said Earl Thomas 
and certain other persons in Gattonsyd, the said William 
by his Bond, dated at Edinburgh 6 March 1634, obliged 
himself to denude of the said apprising so far as concerned 
the remaining acres, and that in favour of the said Earl and 
his assignees ; and the deceased Thomas Earl of Hadin- 
ton, grandson of the above and brother of the present Earl, 
pursuer, obtained decreet, 18 November 1643 against said 
William Barrie for above effect ; yet as the terms thereof 
are not yet fulfilled, this action is raised against William's 
daughter and heirs foresaid by the present Earl, John ; 
who compeared by William Edgar, his procurator, and the 
defenders failing to compear and decerned to denude as 
above (except of the three acres foresaid occupied by their 
deceased father) ; the pursuer's procurator having pro- 
duced the writs upon which the pursuer founds. (This 
decreet is recorded in extenso.) 

Melrose, 9 August 1662 ; Gideon Jackson, 

Which day, decerns John Pringle in Threipwood, 
tenant to John Lythgow, and Thomas Wilsone in Pilmuire, 



28 MELROSE REGALITY RECORDS 

to pay to John, Earl of Hadinton, 19 1. 3 s. due to said 
John Lythgow and Thomas Wilson and arreisted in his 
hands for bygone kain and carriages owing by them to 
the Earl ; referred to defender's oath, who confessed he 
was owing to them 40 merks yet in his hand unpaid ; 
expenses 2 merks. 

Eodem die decerns Walter Camecroce, eldest son of 
William Camecroce of Allanshaw, to pay to John Thomsone 
in Stow and Janet Chisholme his spouse 28 L Scots borrowed 
from said Janet in December last, and 5 1. 6 s. 8 d. due by 
him to the pursuers ' for drink bought and drunken be 
him,' extending to 33 1. 6 s. 8 d. ; referred to defenders who 
failed to compear and so held as confessed ; expenses 4 1. 

Eodem die absolves Andrew Darling, portioner of 
Apletrieleaves, from action by William Wilsone, weaver 
in Longhauche, narrating that Darling owed him 1000 
merks and promised for annualrent 5 bolls of bear yearly, 
and is resting 5 bolls for crop 1658 ' notwithstanding of 
a discharge granted be the said WUliam to him upon his 
faithfuU promeise that the beare was in his bame readie 
to dight,' and next year thereafter the said Andrew 
acknowledged he was owing the foresaid victiial for the 
previous year, and then and since has promised payment 
' with ane boll beir for the trust therof ' ; and he is also 
due 15 1. 10 s. to the pursuer after accounting between 
them in February last ; referred to defender, who deponed 
he had paid the bear to the pursuer and owed nothing of 
it, and confessed the 15 1. so absolves from the foresaid 
5 bolls of bear, and decerns to pay the 15 1. with 18 s. 
expenses. 

Eodem die decerns James Mylne in Melrose to pay to 
William Edgar, fiscal, 100 1. Scots as a fine ' for layeing 
ane trayne of corne in winter last in the said WHliam 
Edgar his yaird and killing of ane great number of the 
Earle of Hadintones dowes by ane gune, expreslie con- 
trare to the acts of Parliament ' ; referred to defender, 
who confessed and came in the bailie's will, ' who instantlie 



SUNDRY DECREES 29 

ordained him to remaine in prisone untill he payed the 
forsaid 100 lib. or gave band and securitie by cautione 
therfor.' 

Eodem die decerns John Fisher of Wester housebyre to 
pay to Simeon Waderston, sometime in Byrecleughe, now 
in CoUilaw, 23 1. Scots, and 10 merks as the price of half 
a boll of bear, extending to 29 1. 13 s. 4 d., for grazing 
11 score and 18 lambs from June 1645 till Michaelmas 
thereafter, conform to agreement ; referred to defender, 
absent, held as confessed ; expenses 3 1. 

Eodem die decerns James Turner in Longshaw to pay 
to William Denholme, portioner of Ersilton, 25 1. Scots 
as balance of 175 1. due by John Nicolsone, flesher in 
Tranent, to Denholm, and for whom Turner became 
cautioner ; referred to defender, who confessed ; 
expenses 3 1. 

Eodem die decerns Thomas Bowstoun, portioner of 
Galtounside, ' called Dukdube,' to pay to Thomas Mercer 
in Easter Longlie 12 1. for oats bought in March 1660, 
payable at Martinmas thereafter ; referred to defender, 
who absenting is held as confessed ; expenses 30 s. 

Eodem, die decerns Thomas Blaikie in Westhouses and 
Margaret Darling his spouse to pay to John Scot, weaver 
in Galtonside, 31. 16 s. Scots " as the pryce of wtbreid ^ 
furnished be him to them and wobs wrocht by him to them 
preceiding this day ' ; defenders absent ; 12 s. expenses. 

Eodem die decerns John Meine, son and heir of deceased 
Barnard Meine, eldest lawful son and heir of deceased John 
Meine portioner of Newsteid, and his tutors and curators 
(if any), and Barbara Andersone, widow of said Barnard, 
to pay to Isobel Milne, only lawful daughter of the de- 
ceased Nicol Milne, portioner of Newtowne, and Annabell 
Mein her mother and tutrix, 50 merks, and 5 1. of expenses, 
and the interest due since Whitsunday 1654, contained in a 

1 ?for outbreadth (overwidth). 



30 MELROSE REGALITY RECORDS 

Bond by said Barnard Mein to said Nicol Mylne, whom 
failing, to said Isobel his daughter; pursuer produced 
bond and referred intromission with goods to defenders, 
who failing to compear are held as confessed. 



Melrose, 16 August 1662 ; Gideon Jackson. 

Which day decerns James Stoddert and Archibald 
Gibsone in Threipwood to pay to John, Earl of Hadinton, 
for feu duties and carriages due for their respective lands 
in Threipwood preceding and including Whitsunday 1662, 
28 1. 15 s. 6 d. and 34 1. 3 s. respectively due by them ; 
pursuer produced the defender's charters specifying the' 
duties, and referred to defender's oaths as to the sums 
being still unpaid ; defenders absent ; modifies 30 s. 
expenses by James Stoddert, 36 s. by Gibsone. 

Eodem die decerns John Cochrane, herd in Longshaw, 
and George Turner in Overlongshaw, his cautioner, to 
pay to Mr. John Scot of Longshaw 20 merks as price 
of 5 sheep lost by the herd and not accounted for by skin 
or bime ; parties submitted to Andrew Caimecroce of 
Colmeslie and John Fisher of Westerhousebyre, who 
decerned as above. 

Eodem die decerns John Sownhouse, portioner of 
Blainslie, to pay to William Edgar, fiscal, 20 merks due by 
him to James Caldcleugh, portioner there, and arreisted 
in his hands by the fiscal as a fine imposed on Thomas 
Caldcleugh there for deforcement, for whom the said 
James became cautioner ; referred to Sownhouse's oath, 
who confessed he was owing more than the said 20 merks ; 
24 s. expenses. 

Eodem die decerns John Darling and John Stirling in 
Blainslie to pay to William Edgar, procurator fiscal, 
50 1. by the former for striking Bessie Lyell, servitrix to 
John Sownhouse, portioner there, to the effusion of her 
blood, and 10 1. by the latter for striking the said John 
Sownhouse : referred to defender's oaths, and Darling 



DISPUTE ABOUT BEAR 31 

confessed and came in the bailie's will, and Stirling con- 
fessed giving Sownhouse ' a switche with a wand.' 



Melrose, 4 October 1662 ; Gideon Jackson. 

Which day decerns James Carnecroce in Galtonside to 
pay to John Mabane, portioner there, 11 1. Scots, with 
33 s. 4 d. expenses, as balance of 17 1. contained in decreet 
20 September 1651 at Mabane's instance against him ; 
decreet produced, defender absent. 

Eodem die absolves George Tailyeor, portioner of 
Blainslie, from action by James Sownhous there, narrating 
that in September last Tailyeor and his servants intromitted 
with and took away three threaves of bear of the pursuer's 
to his own barnyard, and will not deliver the same or the 
price thereof; referred to defender's oath, who deferred 
to pursuer, who refused to depone ; so absolves. There- 
after Tailyeor gave in a petition representing that in 
September last William Cranston in the Roan intromitted 
with and took away five stooks nine sheaves of bear of 
his in place of his own, and George Moffet, Taylor's 
servant, thinking it had been the servants of James 
Sownhouse, who was sick himself, that led it away, in 
respect they were his next neighbours, therefore he led 
away ' the uther nixt rig perteining to James Sownhouse, 
being 5 stooks and 10 sheaves of beir ; and as soone as 
the said George Tailyeor was informed that the samyne 
beir that his servands had led did belong to the said 
James Sownhous and that it was the said William Cranston 
who had led his, he sent the said beir with his owne cairts 
to the said James Sownehous, who did receave the samyne 
and keiped it in his custodie untill the morrow therefter 
that Bessie Rolmanhous his wife come and brought the 
same bak and flang it in over the said George his barne- 
yaird dyk, wher it is" yet, and wrongouslie refuises to 
receave and accept of the samyne againe but daylie 
troubles and persewes him therfor.' This being openly 
read in court the bailie ordains Taylor to redeliver the 



32 MELROSE REGALITY RECORDS 

bear on Monday next and Sownhouse to accept the same, 
and decerns William Cranston to pay and satisfy Taylor 
for the bear intromitted with by him, before Monday 
night at the sight of Edward Darling and John Pringle, 
portioners of Blainslie. 

' Held Court of the regalitie of Melrose begune and holden 
upon the elleventh day of October 1662 be the said 
Gideon Jacksone, baillie deput to the said noble 
and potent Earle ; Andro Phaupe, officer. Court 
laufuUie affirmed.' 

Which day, decerns James Wauche in Melrose to restore 
to Andrew Ker, younger of Litledeane, ' ane Monrose 
pistoll halfe bend with the heck and work in alse good 
conditione as he fand her in December 1660 or therby,' 
or else pay a certain sum as its value ; pursuer proved 
his claim by Robert Maben in Danyielton and Thomas 
Elleis, wright there. 

Eodem die decerns Marion Hendersone in Colmslie and 
John Wauch her son to pay to John Lythgow, portioner 
of Newhouses, 8 1. Scots of damage and loss sustained 
by pursuer for want of John Wauch's service, whom the 
said Marion hired to the pursuer from Whitsunday 1662 to 
Whitsunday 1663, and the latter promised 10 1., a pair of 
shoes at 40 s., 5 sheep's grass at 3 I. 6 s. 8 d., and a pair of 
white hose at 13 s. 4 d., extending to 16 1. Scots ; and 
Wauch having entered at Whitsunday remained till August, 
' and then in the tyme of the winning of hay and harvest 
when the said persewer stood most in neid of his service ' 
he causelessly deserted ; referred to defender's oath, 
who confessed the agreement and deponed ' shoe nether 
knew the cause of her said sones deserting of his said 
service nor wher he was for the present ' ; expenses 12 s. 

Eodem die decerns Maly Sklaitter in Danyielton to pay 
to Margaret Eliot, widow there, 52 s. borrowed from 
Margaret Patersone, daughter of Margaret Eliot, 8 s. due 
to James Patersone, son of said Margaret Eliot, 27 s. 



' ANE JOWPE ' 33 

borrowed from Janet Patersone, daughter of same, and 
6 s. borrowed from pursuer herself, extending in all to 
4 1. 13 s. and that on behalf of pursuer and her said 
children ; referred to defender's oath, who confessed ; 
expenses 6 s. 8 d. 

Eodem die decerns Maly Sklaiter in Danzielton to pay 
to Helen Edgar, daughter of William Edgar, portioner of 
Melrose, 12 1. Scots borrowed from pursuer in 1659 and 
1661 ; referred to defender's oath, who confessed ; 
expenses 12 s. 

Eodem die absolves James Edgar in Melrose and Margaret 
Elleis his mother from action by Robert Ker of Faldonside, 
who obtained decreet, 22 January 1659, against James 
Wauch in Melrose for 40 1. with 48 s. expenses, by virtue 
whereof Andrew Phaupe, officer, arreisted in the hands of 
said James Edgar and his mother 10 1. and a firlot of meal 
resting unpaid by them of harvest fee, crop 1662, to said 
James Wauche, and 30 1. in the hands of Andrew Lukup 
in Danyielton due by him to Wauch ; referred to defender's 
oaths, and Edgar and his mother deponed they owed 
Wauch nothing, having paid his harvest fee beforehand 
long prior to the arrestment ; Lukup deponed he owed 
20 1. to Wauch, and had at the latter's direction paid 8 1. 
thereof to James Mein before the arrestment, and so rests 
12 1. which he is not obliged to pay till Candlemas next. 
Decerns Lukupe to pay 12 1. superseding execution till 
Candlemas, and Ker to find caution ' to answer the said 
James Wauche as law will befor the extracting of this 
sentance ' ; expenses 13 s. 4 d. 

Eodem die absolves Thomas Turner in Ridpeth and 
Agnes Simpsone his spouse from action by Thomas Wood, 
schoolmaster in Ersilton, who in July last ' left ane 
jowpe in the said Thomas Turner his house, which jowpe 
the saids defenders wold ounaways confesse nor redeliver ' 
without compulsion ; referred to Turner's oath, who 
denied ever having seen the ' jowp.' 

Eodem die decerns Thomas Lythgow in Ridpeth to pay 

VOL. 11. c 



34 MELROSE REGALITY RECORDS 

to William Edgar, fiscal, 10 1. of a fine for a riot committed 
by him upon Andrew Camecroce there and George Chrystie 
his servant in August last ; referred to defender's oath, 
who failing to compear is held as confessed. 

Eodem die George Pringle of Buckholm complains 
against the inhabitants of Melrose for ' casting downe 
his yaird dyks, making hie wayes, rods, and pasages ther- 
throw wher non was wont to be of befor, and pastures 
ther bestiall of all sorts therin, pulling, eating, and careing 
away of his fruit and breaking downe of his fruit trees,' 
to his great loss. The bailie ordains George Pringle to 
put up and repair his yard dykes sufficiently, and whatso- 
ever person shall be found hereafter in his orchard eating 
or taking his fruit, and whatever horse, nolt, or other 
beast shall be found by him or others in his name pasturing 
therein, to poind and detain the person and beast till 
the person and owner of the beast pay 6 s. 8 d. for each 
offence. 

Eodem die absolves Andrew Camecroce, portioner of 
Ridpeth, from action by David Browne of Park, narrating 
that in 1643 they mutually agreed ' that the said David 
Broun sould remove ane gavell wall of his and gavell 
wpon the said Andro his house nixt adjacent in respect 
both the houses ware prejudged by raine, quhilk accord- 
inglie was done and stood so untUl about 4 or 5 yeares 
since or therby the said Andro did impeid and trouble 
the said David in the possessione of the said gavell, and 
still troubles him, to his prejudice.' Camecroce produced 
the written agreement ' beareing that the said David 
Broun persewer granted him to have gavelled upon 
Andro Camecroce with leave asked and given, with this 
provisione that it sould be leasume to the said Andro or 
his aires to dispose wpon his owne hous as it pleased him 
at any tyme therefter, and in that caice the said David 
oblist him to gavell upon his owne ground.' 

Eodem die decerns Nicol Camecroce in Longshaw to 
pay to John Hendersone in Lawder 48 s. Scots as the 



FIXING PRICE OF ALE 35 

price of two ells of ' gray ' promised by him to the pursuer 
for superseding payment of the price of 20 ewes and lambs 
brought by defender from pursuer ; pursuer obtained 
warrant from this baUie-depute to the bailie-depute of 
Lauder to examine two witnesses, whose depositions 
reported by him clearly prove the libel ; expenses 6 s. 

' This day the baUlie depute considdering the low raite 
of the victuall this cropt and that notwithstanding therof 
the brewars still taks 2 s. for the pynt of ther aill to the 
prejudice of the hedges and refuissed to sell ther aUl at 
20 d. the pynt as uthers about does without they ware 
compelled, therfor the said baillie deput ordaines all and 
sundrie the brewars of this regalitie not to vend or sell 
any aill to any persone efter this night but according to 
20 d. the pynt, ilk persone contraveiner under the paine 
of five pundis for Uk failyie toties quoties, and ordaines 
Andro Phaupe, officer, to intimat thir presents at the 
mercat croce of Melrose this mercat day that none may 
pretend ignorance.' 

Melrose, 18 October 1662 ; Gideon Jackson. 

Which day decerns Margaret EUeis, widow in Melrose, 
to pay to William Edgar, fiscal, 10 1. for a riot committed 
by her upon Jean Somervaill, spouse to Michael Gibson 
in Melrose, and Margaret Sheell their servant, on 14 
October instant; pursuer adduced three witnesses, and 
bailie referred the matter to an assise who unanimously 
found EUeis guilty ' by the mouth of ther chanceller.' 

Eodem die decerns Mr. Michael Fisher of Sorrowlesfeild 
and John Rodger in Ridpeth to pay to William Edgar, 
fiscal, each the sum of — ' for ther traduceing on 
another upon the 4 day of October instant at Ersilton 
being casting at the bullets, and most inhumanly beat 
and strouk on another to the effusione of ther bloods ' ; 
referred to defenders' oaths, who being absent are held 
as confessed. 

Eodem die decerns John Andersone, portioner of 



36 MELROSE REGALITY RECORDS 

Ridpeth, to pay to John Black in Brotherstones 8 1. Scots 
as price of a boll of seed oats bought by him from Anderson 
in February last, who was to deliver same to pursuer 
next morning ; referred to defender's oath, absent ; 10 s. 
expenses. 

Eodem die decerns John Broune in Ridpeth to pay to 
George Mercer, servitor to the Earl of Hadinton, 10 merks 
still resting of 100 merks due to pursuer, and 40 s. for 
5 years' interest, in his Bond to pursuer dated at Ridpeth, 
12 November 1648 ; bond produced, and defender con- 
fessed ; expenses 12 s. 

Eodem die decerns John Leitham in Lessudden to pay 
to George Bourehill in Fans 4 1. as price of two stacks of 
peats bought by defender this year, to be paid last 
Michaelmas ; referred to defender's oath, absent ; 8 s. 
expenses. 



Court of Melroselarid, 25 October 1662 ; Gideon 
Jacksone, bailie. 

Which day decerns the following to pay certain sums 
to Archibald Moffet, portioner of Threipwood, viz. William 
Carnecroce of Allanshaw 100 merks ; Andrew Atchesone, 
herd in Colmesliehill, 40 1. ; Edward Rolmanhous in 
Blainslie 21 1. ; John Sownhous there 34 1. 16 s. ; Thomas 
Thomsone there 8 hogs at 50 s. the piece, being 20 1. ; 
WUliam Cranston in the Roan 57 s. and 10 hogs at 50 s. 
the piece, being in all 27 1. 17 s. ; Thomas Laidlaw, elder, in 
Williamlaw, and William Laidlaw his son, 6 1. ; and Robert 
Knycht in Threipwood 7 1. ; which they are owing to 
George Patersone, indweller in Blainslie, and are arreisted 
in their hands by Moffet for his relief in becoming cautioner 
for the said George Patersone, ' who was delaited for 
witchcraft,' to enter him to the tolbooth of Melrose when 
required under a penalty of 600 merks, and the said George 
Paterson by his flight has taken the crime upon him and 
is liable in the penalty. Referred to defender's oaths, 
who confessed, except Thomas and Willaim Laidlaw, who 



RATES OF BED AND BOARD 87 

refusing to depone are held as confessed ; expenses 2 s. 
for every 20 s. due, to be paid by the defenders according 
to their proportions of debt. 

Eodem die decerns Walter Camecroce, eldest lawful son 
of William Carnecroce of AUanshaw, to pay to Ephraim 
Wilkiesone ' in the house of the Moor ' 24 1. Scots as the 
price of 12 hogs promised to pursuer in March last or else 
the said sum in case of failure ; defender confessed, and 
offered to prove payment made, but succumbed in three 
terms ; expenses 3 1. 

Eodem die decerns John Learmont in Westhouses and 
James Mairtine there to pay to John Maben there 4 1. 
and 5 1. respectively due by them to Adam Darling there, 
and arreisted in their hands for the like sum due by 
Darling to Maben ; referred to defender's oaths, absent. 

Eodem, die decerns John Scot, weaver in Galtonside, 
to pay to Andrew Marr, portioner there, 24 1. Scots as the 
price of his fruit in his yard in Galtonside this season 1662, 
promised to be paid before the Rude day thereafter [sic] ; 
referred to defender, who absented ; expenses 24 s. 

Eodem, die absolves James Waugh in Melrose from 
action by John Maben in Westhouses claiming for Waugh's 
meat, drink and bed for 15 days at 8 s. per day, 6 L, and 
bed and board for other 15 days at 6 s. per day, 4 1. 10 s., 
and for his bed for 5 weeks at 2 s. the night, 3 L 10 s., 
and for his bed for 6 days since, at 2 s. is 12 s., extending 
in all to 14 L 12 s. Scots ; referred to defender's oath, 
who depones negative. 

Eodem die decerns Walter Carnecroce, eldest son of 
William Carnecroce of AUanshaw, to pay 13 1. to Anna 
Lawder, spouse to George Frame, burgess of Lauder, 
conform to his ticket dated — 1662 ; ticket produced ; 
expenses 24 s. 

Eodem die decerns James Bowar in Eildoun to pay to 
John Bowar, Eister, portioner there, 16 1. as price of two 
bolls of oats, and to deliver to him this year's hay, and 



38 MELROSE REGALITY RECORDS 

12 s. ' for ane apeltrie ' ; referred to defender's oath, who 
confessed ; expenses 30 s. 

Eodem die decerns Andrew Atchesone in Colmesliehill 
to pay to George Turner and Adam Hislope, millers in 
Longshaw mill, 25 s. Scots as the price of half a firlot of 
meal and ' shilling ' for the multure and knaveship of 
4 bolls of oats abstracted by him since June last ; defender 
confessed ; expenses 4 s. 

Eodem die decerns Mark Blaikie, portioner of Melrose, 
to pay to Robert Marr there 22 1. due by him to Andrew 
Tuno, portioner there, and arreisted in his hands for the 
like sum due by Tuno to the pursuer conform to his decreet 
in May last ; referred to defender's oath, who confessed, 
but declared he was not obliged to pay till Candlemas ; 
supersedes execution till then ; expenses 24 s. 

Melrose, 1st November 1662 ; Gideon Jackson. 

Which day decerns John Greive and James Rolmainhous 
younger, in Blainslie, to pay to George TaUyeor, weaver 
and portioner there, three bolls ferme victual half meal 
half bear as the ferme of a half land in Blainslie, crop 1662, 
now pertaining to the pursuer and acquired by him from 
John Davidson by Disposition, 29 November 1661 ; re- 
ferred to defender's oaths, who confessed but declared 
they were [not] obliged to pay till between Yule and 
Candlemas next. Expenses, 24 s. ^ 

Eodem die absolves Margaret Davidsone in Blainslie 
' for beateing, striking, and wounding of Bessie Rolmanhous 
ther called the Bender,' and absolves John Stirling, 
portioner of Blainslie, and Bessie Pringle there ' for 
striking one another to the effusione of ther blood,' charged 
against them by William Edgar, fiscal ; referred to 
defender's oaths, who denied. 

Eodem die decerns Thomas Ker, portioner of Newton, 
to pay to Alexander Leitche in Blainslie and Alison 
Bo ware his spouse 41. 10 s. borrowed from said Alison 



PHAUPE V. FISHER 39 

in 1652 ; referred to defender's oath, who confessed ; 
13 s. 4 d. expenses. 

Eodem die decerns John Thin, portioner of BlainsHe, 
to pay to George Dicksone in Burnes a firlot of oats or 
30 s. therefor in satisfaction of com eaten and destroyed 
by his three horses ' ane whoU night in September last ' ; 
expenses 6 s. 

Eodem die decerns Patrick Blaikie in Wooplaw to pay 
to James Moss, mealmaker in Ridpeth, 31. 18 s. as price 
of meal bought at Whitsunday 1659 ; referred to de- 
fender's oath, absent, held as confessed ; expenses 12 s. 

Eodem die absolves John Fisher of Auld Melros from 
action by Patrick Aitkin in Spotswood, who in 1655 
' grassed ' to Fisher sixscore hogs for a quarter of a year 
at the agreed-on price of 2 s. per head, extending to 
12 1. 12 s. ; referred to defender's oath, who deponed 
negative and denied he ever promised him any money. 

Eodem, die absolves William Ker, portioner of Newtoun, 
from action by Alison Bowar, wife of Alexander Leitch 
in Blainslie, for 4 1. for service done by her to him about 
10 years ago ; referred to defender's oath, who deponed 
negative. 

Eodem, die absolves Andrew Fisher in Westerhousebyre 
from action by Andrew Phaupe, officer in Melrose, narra- 
ting that on 9 August Fisher sent Mr. Michael Wallace to 
Phaup to agree with him and go and take instruments 
against the clerk, for which he promised and gave him a 
rex dollar, and so Phaup went with him to the clerk in 
James EUeis's house and attended upon him to give instru- 
ments, which Fisher did never ask or take but thereafter 
caused call Phaup forth to speak to him and there fell 
upon him and bereft him of the foresaid dollar violently 
by putting his hand in his pocket and taking out all his 
money and papers, and thereafter rode away ; admitted 
to pursuer's probation, who succumbed therein. 



40 MELROSE REGALITY RECORDS 

Eodem die John Moss, elder, portioner of Damick, and 
Margaret EUeis, widow in Melrose, present a petition/ 
representing that Andrew Kennedie, portioner of Damick/ 
wadset to each of them two acres of land lying runri^ 
through and among the town and lands of Damick, and 
subscribed the wadset, yet contrary therto he has dividejd 
the land to several persons and will not put the pursuers 
in possession of the said four acres ; so they crave warrajit 
to be given to George Hownham 'Long,' George Hownhaia, 
weaver, William Spotswood, and Nicol Mercer in Damick 
to pass upon the ground of the said lands and show the 
petitioners where the said lands lie, that they may enter 
thereto and be the better enabled to pay my Lord's du|;y. 
Being called 11 October 1661, the bailie ordained the spd 
persons to pass to the ground ' and to ken the saids 
petitioners to the saids lands ' ; 23 January 1662, parties 
present, defender denied the claim, and bailie admitted 
foresaid persons to pass to the ground and report, vfho 
reported on 1 November as follows :^At Damick 31 
January 1662, we, William Spotswood, Nicol Mercer, 
George Hownham ' Long,' and George Hownhame, weaver, 
portioners of Damick, ' according to our solemne oathes, 
anent the actione and cause persewed be John Moss, 
elder, in vice of Alexander Usher, and Margaret EUeis, 
against Andro Kennedie,' being advised do declare that 
the said John Moss and Margaret EUeis ' laiks and is 
onlie out of the possessioune of ane bute of land in the 
byre end and ane halfe daUl in the bak of the casts 
belonging to the saids foure aikers of land.' Decerns 
conform thereto and ordains pursuers to take possession 
of the same. 

Eodem die decerns Andrew LidderdaUl, portioner of 
Lessuden, and David Richartsone and Janet Cochrane 
his mother, tenants to the said Andrew, to pay to John, 
Earl of Hadinton, 36 1. ' as the remander for his enterie,' 
promised at Whitsunday last; referred to defender, absent, 
held as confessed ; expenses 3 1. 6 s. 



DEFORCING THE OFFICER 41 

Melrose, 15 November 1662 ; Gideon Jackson. 

Which day absolves John Sownehouse, portioner of 
Blainslie, from action by William Edgar, fiscal, against 
him for beating and striking John Stirling, portioner 
there, with his hands and feet upon several parts of his 
body ; referred to defender who deponed negative. 

Eodem die decerns William Robsone in Lessudden to 
pay to George Turnbull in Langton 6 1. Scots as balance 
of 26 1. and 10 merks of expenses in Bond, 4 November 
1656 ; bond produced, defender absent, held as confessed ; 
12 s. expenses. 

Eodem die decerns William Fisher, portioner of Newsteid, 
either to admit and receive Isobel Wishart there home to 
his service till Whitsunday next conform to their agree- 
ment in September last, or else to pay to her 4 1. Scots 
promised to her in lieu of fee ; referred to defender, who 
confessed, ' alledging the persewar was ane bakbitter ' ; 
expenses 12 s. 

Eodem die decerns James Elleis, ' Litle,' in Melrose, to 
pay to James Mairtine, tailor in Westhouses, 8 1. 13 s. 4 d, 
Scots as the price of a boll of bear ' lettin ' by pursuer to 
defender in 1661, to be paid at Michaelmas thereafter ; 
referred to defender, who confessed ; expenses 24 s. 

Eodem, die decerns William Fisher, portioner of Newsteid, 
to pay to Thomas Marr in Melrose and Janet Gae his spouse 
27 1. Scots ' for the said defender his bed, washeing of his 
cloathes, and fyre provyded be them to him from Whit- 
sunday 1657 to Lambes 1661, being foure yeires and ane 
quarter,' conform to agreement in May 1657, viz. weekly 
for his bed 4 s. and weekly for his fire and washing 2 s. ; 
referred to defender, who deferred to pursuers, who 
deponed affirmative as claimed ; 48 s. expenses. 

Eodem die Andrew Phaupe, one of the ordinary officers 
of the regality, and William Edgar, fiscal, for his interest, 
complain against John and Robert Leyes in Whytlie, in 



42 MELROSE REGALITY RECORDS 

respect that while on 8 November inst. Phaup was execut- 
ing a precept of poinding on the town and lands of Whytlie 
upon a decreet at the instance of Richard Lauder in Lauder 
against the said John and Robert Leyes of their readiest 
com, cattle and plenishing for the sum of 11 1. 12 s. and 12 s. 
expenses of plea, and after he had poinded 6 oxen and 
6 cows to bring them to the burgh of Melrose to be apprised, 
the defenders and their accomplices to the number of 
seven persons or thereby all armed with staves not only 
threatened the officer but by force took from him the 
goods and drove them off the lands of Whytlie ; then 
the officer apprehended on the lands 20 sheep, but they 
also took these away ; so being deforced he broke his 
wand and took witnesses. Pursuer compearing by 
William Kirkwood his procurator, and the fiscal compear- 
ing, and defenders absent, the bailie decerns John and 
Robert Leyes to pay to the fiscal 100 1. Scots. John 
Moffet and George Broune, indwellers in Lauder, depone 
as witnesses to the deforcement, and the execution was 
produced, and all referred to an assise of 15 men, who by 
the mouth of John Mein, portioner of Newtoune, their 
chancellor, found the charge proven. [This decreet is 
recorded in eostenso.] 

Melrose, 22 November 1662 ; Gideon Jackson. 

Which day action raised at instance of Robert Pringle 
of Blindlie against George Pringle in Westhouses, Robert 
Mertone there, and George Pringle, natural son of Janet 
Heitone in Coblehouse, whp on 11 June last carried off 
from his lands of Westhouses 28 lambs at 30 s. the piece, 
being 42 1. Scots, and 5 yeild ewes at 5 merks apiece, being 
16 1. 13 s. 4 d., and a fat cow worth 26 1. 13 s. 4 d. ; and 
on 25 June from his lands of Blindlie ' ane young quey 
and ane meikle kow ' worth 30 1. ; on 21 July they ' with 
ane fals key ' opened the chamber door within his dwelling- 
house at Westhouses, broke up his cabinet locks and took 
out his purse and some jewels and ' purspenies ' and 500 
merks of money, with several bonds and writs, particularly 



RAIDING AND THIEVING 43 

a Remission granted to the pursuer by King Charles i. 
for the breach of certain penal statutes therein mentioned ; 
and also the said day they took away 4 1. sterling belonging 
to him out of his said cabinet, and immediately thereafter 
took shearers, horses and sleds and caused lead, thrash 
and take away 10 bolls of oats from his lands of West- 
houses at 6 1. Scots the boll with the fodder, being 60 1. 
Likewise the said George Pringle, natural son of Janet 
Heiton, on 18 October last took from the lands of Westhouses 
' ane young bull stirk ' worth 10 1. All the goods despoiled 
amount to 566 1. 6 s. 8 d. Scots, exclusive of the jewels, 
writs, etc. above mentioned. The pursuer compearing on 
25 October last, and George Pringle in Westhouses, de- 
fender, also compearing, and on 15 and 22 November there- 
after, and after these three terms the pursuer. referring all 
to the defender's oath, the latter desired inspection of 
the summons, which was refused, being too late, and the 
defender refused to depone, but judicially confessed the 
charge, ' sayeing he was necessitat therto for his owne 
lifeliehood ' ; and the other defenders not compearing 
were held as confessed, and all three are decerned to 
restore the goods, money, etc. to the places whence they 
were taken and in as good condition as they were found, 
and to pay to pursuer 10 1. expenses of plea. [This decreet 
also given in eMenso.] 

Eodem die decerns Thomas Uns, portioner of Lessudden, 
called ' Laird,' to pay to Thomas Mylne, servitor to Sir 
William Scott of Mairtine, 14 1. Scots owing by him to 
deceased John Johnsone in Mairtine conform to his testa- 
ment, 4 February 1662, to whom pursuer is confirmed 
executor dative ; testament produced, debt referred to 
defender's oath, who confessed ; 30 s. expenses. Absolves 
Thomas Stenhous in Newtoun from 40 s. claimed by said 
pursuer, * in respect of his declaratione.' 

Eodem die decerns John Hoy, merchant in Galtonside, 
to pay to William Fisher of M'Quhirrie 16 1. 10 s. Scots 
as balance of 36 1. ' as the agried price of all and sundrie 
the fruit that grew in the said petitioner his orchaird in 



44 MELROSE REGALITY RECORDS 

Darnick anno 1662 ' and bought by defender conform to 
their agreement in July last ; referred to defender, absent, 
held as confessed ; expenses 18 s. 

Eodem die decerns George Hownham in Bridgend to pay 
to William Fisher of Makquhirrie 51. 3 s. of bygone rent, 
1659, due by deceased John Hownham his father to the 
pursuer ; defender confessed ; 12 s. expenses. 

Eodem die decerns Richard Moss, portioner of Darnick, 
to pay to Andrew Chisholme, portioner there, 6 1. Scots 
as rent of 2 acres of land in Darnick set by Chisholm 
to him in 1651, and besides feu-duty to the superior; 
defender absent ; expenses 10 s. 

Eodem die decerns James Mertoun, tailor in Melrose, and 
James Elleis ' Litle ' there, to pay to William Kirkwood, 
messenger, as follows, viz. Mertoun to pay 51. 8 s. for the 
' custome of the niercat of Melros ' from 1 October 1661 to 
1 October 1662, payable at Martinmas 1662 under a penalty 
of 20 s., conform to his ticket, 11 October 1662 ; and Elleis 
to pay 4 1. 13 s. 4 d. for said ' customes,' October 1662 to 
October 1663, by his ticket, 11 November 1662, half pay- 
able on Saturday thereafter and half at Candlemas, under 
same penalty ; defenders absent, tickets produced. 

Eodem die decerns Andrew Penman in Melrose to 
accept from Thomas Wright in Caldsheill 23 s. 8 d. in 
full satisfaction ' of his sone Andro his fie ' from Whit- 
sunday 1658 to Whitsunday 1659, and Andrew to dis- 
charge Thdmas therefor ; ' becaus of the depositione of 
the witnesses deduced in the said matter.' 

Eodem die decerns in action raised at instance of George 
Bulman, eldest lawful son of deceased Stephen Bulman in 
Longnewtoun, against Agnes, Alison, Christian, Margaret, 
and Janet Kyll, only lawful daughters and apparent heirs 
portioners of deceased John Kyll, portioner of Lessudden, 
and their tutors and curators (if any), and — Wilsone, 
cooper in Hadinton, spouse of said Agnes Kyll, for his 
interest, narrating that said deceased John Kyll, portioner 



BULMAN V. KYLLS 45 

of Lessudden, then indweller in Longnewtoun, granted 
Bond, at Longnewton, on 18 April 1642, to said deceased 
Stephen Bulman, indweller in Longnewton, for 99 1. Scots, 
with 20 1. of penalty if unpaid at Whitsunday 1643, and also 
Bond, at Melrose, on 15 April 1643, to same for 227 1. 13 s. 
4 d., half payable next Martinmas and half at Whitsunday 
1644, under a penalty of 20 merks, and also Bond, at Long- 
newtoun, on 19 April 1643, to same for 100 merks, pay- 
able at Beltane, 3 May 1643, under pain of 10 1., upon all 
which Bulman purchased letters of inhibition against Kyll 
dated 7 April 1644. Also Kyll granted Bond, at Long- 
newton, 16 June 1645, to said Steven Bulman for 100 
merks, payable at Midsummer 1646, penalty 10 1., and 
also said John Kyll ' alias Jackielaw ' granted Bond, at 
Melrose, 18 December 1647, to said Steven Bulman and 
Agnes Lythgow his spouse for 100 merks, payable at 
Martuunas 1648, penalty 10 1., and also Bond, 2 February 
1648, to them for — , with 5 1. penalty, and also Bond, at 
Melrose, 18 November 1648, to them, whom failing, to 
Robert Bulman their son, for 100 merks and a year's 
interest, payable at Lammas thereafter, penalty 10 1. ; upon 
which four Bonds Bulman and his wife raised letters of 
inhibition against the granter, 30 May 1649 ; and said 
Stephen Bulman on 16 April 1652 assigned the seven 
bonds to his said spouse, who by Translation dated at 
Longnewton,' 24 March 1655, assigned and disponed the 
same to said George Bulman, her son, pursuer, who accord- 
ingly charges Kyll's daughters to pay the sums due by 
the said Bonds. Defenders being cited on 24 June and 
4 August and 14 October by William Kirkwood, messenger, 
to compear on 18 October last, the pursuer compeared 
personally with said messenger as his procurator, and pro- 
duced all the Bonds, Assignations, executions, etc. above 
specified, and none of the defenders compearing, the bailie 
decerns and ordains the said heirs portioners and — Wilson 
for his interest to pay to the pursuer the whole amount 
of the debt, extending to 686 1. 13 s. 4 d. with interest 
from Martinmas 1648 to Martinmas 1662, amounting to 
540 1. 12 s. John Bryddin in Lessuddine compeared and 



46 MELROSE REGALITY RECORDS 

protested that any right he has to any of the lands per- 
taining to said deceased John Kyll be not hereby prejudged, 
which protestation is admitted. 

Melrose, 29 November 1662. 

Which day decerns Robert Trotter, portioner of New- 
steid, Barbara Andersone, and John Davidsone, portioner 
of Blainslie, for their interests, to deliver to Andrew 
Camecroce, portioner of Ridpeth, three bolls of bear due 
by him of ferme 1662 to said Barbara Andersone ' and 
her said spous ' and assigned by her to the pursuer, 31 
October 1660, and arreisted at his instance in Trotter's 
hands ; assignation produced, defenders absent. 

Eodem die decerns Andrew Merser, portioner of Darnick, 
' called PooU,' to pay to Jean Hadden, servitrix to John 
Pringle of Williamlaw, 31 1. 10 s. Scots as price of some 
victual, viz., a boll of meal at 16 1. 10 s. a j&rlot of meal at 
3 1., and a boll of pease at 11 1. 10 s., bought from pursuer, 
to be paid last Michaelmas ; referred to defender's oath, 
who compeared not ; expenses 30 s. 

Eodem die decerns Nicol Cochrane, portioner of Newtoun, 
and James Gurlay, shoemaker in Melrose, and Bessie 
Cochrane his spouse, for their interest, to pay to William 
Kirkwood, messenger, 15 1. Scots due by Ni£ol to Bessie 
and her spouse, and arreisted by pursuer in his hands for 
12 1. of principal and 3 1. expenses contained in Bond by 
Gurlay to him in 1662 ; referred to defender, absent. 

Eodem die decerns Isobel Clerk, daughter of deceased 
John Clark in Ersilton, and apparent heir to him, to pay 
to Charles Clark in Galtonside 69 1. 6 s. 8 d. in satisfaction 
of 50 merks of principal and 8 1. expenses contained in 
Bond, 10 October 1643, by said John Clark and Helen 
Andersone his spouse and said Isobel to him, and interest 
from Martinmas 1644 to Martinmas 1662, 18 years ; 
pursuer produced decreet of the Commissary of Lauder, 
3 August 1658 obtained by him relative hereto ; defender 
absent, expenses 8 1. 



SUNDRY DECREES 47 

Eodem die decerns Robert Forsan, miller in Newsteid, 
to pay to Helen Hay, wife of James Lythgow of Dry- 
grange, 9 1. 14 s. Scots conform to his ticket to her, 7 May 
1662 ; ticket produced, defender confessed. 

Melrose, 6 December 1662. 

Which day decerns James Mairtine, tailor in West- 
houses, to pay to William Bell, portioner of Galtonside, 
14 1. 14 s. as balance of price of some oats bought from 
pursuer in September last ; referred to defender, absent ; 
expenses 30 s. 

Eodem die decerns David Thomson in Longhauche to 
pay to William Wilsone there 12 1. Scots as balance of 
price of some bear bought by William Freir in Galashiels 
in 1659 from the pursuer, for payment whereof Thomson 
became cautioner ; referred to defender, absent ; 30 s. 
expenses. 

Eodem die decerns James Sympsone in Eildon to pay 
to John Mein, tacksman of the mills of Melrose, double 
multure for 4 bolls of oats abstracted by him in November 
last, and 10 1. of penalty ; defender confessed. 

Eodem die decerns Patrick Blaikie in Wouplaw and 
Archibald Moffet in Threipwood to pay to James Moffet 
in Galashiels as follows : Blaikie to pay 6 1. Scots as 
price of some meal, bear, and pease bought in 1658, and 
Moffet to pay 5 1. as price of some cheese and a tup bought 
in 1658, to be paid within 10 days thereafter; referred 
to defenders, who compeared not ; each to pay 12 s. 
expenses. 

Eodem die decerns Margaret Bowstoune, widow of 
Andrew Cook in Damick, to pay to James Usher there 
13 1. Scots of bygone interest on the principal sum of 75 1. 
due by her to him conform to Bond, and for warrandice 
whereof he has two acres of land in wadset ; referred to 
defender, absent ; 30 s, expenses. 

Eodem die decerns William Caimecroce of Allanshaw 



48 MELROSE REGALITY RECORDS 

to pay to Robert Dalgleishe, merchant in Selkirk, 6 1, 10 s. 
as price of butter bought in September 1661 ; referred to 
defender, absent ; 12 s. expenses. 

Eodem die decerns Patrick Riddell in Lessudden to pay 
to William Cuthbertsone in EUeiston 13 1. 3 s. as balance 
of price of 2 bolls 1 firlot of bear bought from pursuer ; 
referred to defender, absent ; 30 s. expenses. 

Eodem die decerns Andrew Bryden, portioner of Les- 
suden, etc., to pay as follows to James Stoddert of 
Camieston, viz. Bryden to pay 14 1. 8 s. as the price of 
6 meikle falls of bear at 12 1. the boll, due of bygone 
ferme 1661 ; John Paton there to pay 27 1. for bygone 
ferme ; Janet Coitt there, for 8 little fulls of bear at 12 1. 
the boll, 9 1. 12 s., for ferme 1661 ; Andrew Uns there to 
pay 15 1 for 6 firlots of bear at 12 1. the boll, due for 
crop 1661 ; and David Uns there to pay — ; referred to 
defender's oaths, who all confessed, except David Uns, 
absent, held as confessed. Thereafter John Paton con- 
signed in the clerk's hands 13 1. 8 s., Janet Coitt 8 1., and 
Andrew Uns 81. 6 s. so absolves pro tanto ; 2 s. expenses 
to be paid for each 20 s. of principal. 



Melrose, 13 December 1662 ; Gideon Jackson. 

Which day decerns George Elleis in Darnick to pay to 
William Bell in Faldonside 24 s. Scots as price of meal 
bought from pursuer in June last ; referred to defender, 
absent ; 8 s. expenses. 

Eodem die decerns John Scott in Galtonside to pay to 
Robert Dalgleishe in Selkirk 3 1. as balance of price of 
a stone of butter bought from pursuer at Lammas 1661 ; 
defender absent, held as confessed. 

Eodem die decerns Walter Graimslaw to pay to James 
Stoddert of Camieston 27 1. 2 s. of bygone house maills ; 
referred to defender, confessed ; 30 s. expenses. Execu- 
tion superseded till Pasch. 



DEFORCING THE OFFICER 4>» 

Melrose, 3 January 1663 ; Gideon Jackson. 

Which day decerns George Elleis, wright in Darnick,. 
to pay to William Edgar, fiscal, 100 1. Scots for deforcing 
Andrew Kennedie, officer, on 27 December last while he was 
poinding him for satisfaction to William Bell in Faldonside 
of 24 s. Scots of principal and 8 s. of expenses contained 
in decreet at his instance, 3 December last ; probation by 
oaths of George Hownham ' Long ' in Darnick, Thomas 
Mar there, and George Mercer there. 

Eodem die decerns Walter Camecroce, eldest lawful 
son of William Camecroce of Allanshaw, to pay to David 
Thomsone in Longhauche 7 I. Scots due for necessaries 
furnished to him in July last ; referred to defender,, 
absent ; 16 s. expenses. 

Eodem die decerns Janet Thomsone in Darnick to pay 
to William Maben in Galashiels 10 merks for a stone 
weight of lint bought from pursuer at Michaelmas 1661 ; 
defender absent, held as confessed ; 13 s. 4 d. expenses. 

Eodem die decerns Patrick Blaikie in Wooplaw to pay 
to William Wilsone in Langhauche 12 1. 5 s. borrowed 
from pursue^ in July last, ' as the remainder of ane greater 
sowme,' ; and a hog, 24 s. ; total 13 1. 9 s.; defender 
absent, held as confessed ; expenses 26 s. 

Eodem die decerns John Scott and John Hoy, indwellers 
in Galtonside, to pay to William Edgar, portioner of Mel- 
rose, 40 1. 14 s. Scots still unpaid of 48 1. Scots as the 
agreed-on price of ' all and sundrie the fruit that grew in 
the said William Edgar his orchyaird in Melros, cropt 1662,'^ 
promised to be paid by them by Michaelmas thereafter ; 
referred to defenders, absent ; 3 1. expenses. 

Eodem die decerns John Andersone, portioner of Ridpeth, 
and Isobel Anderson, his mother, to pay to Janet Bartane in 
Drygrange 9 1. Scots ' for her serveing them in anno 1660 ; 
more, lent to the said John Andersone, 12 s.' ; total, 
9 1. 12 s. ; referred to defenders, absent ; 18 s. expenses. 

VOL. II. D 



50 MELROSE REGALITY RECORDS 

[Melrose], 6 January 1663 ; Gideon Jackson. 

Compeared Helen Moss, spouse to John Moss, younger, 
portioner of Darnick, and produced a Ratification and 
Disposition granted by her with consent of her said hus- 
band in favour of John Moss, elder, portioner of Darnick, 
her father, and Janet Moss, his second lawful daughter, 
and Andrew Renneldsone her spouse, approving a Dis- 
charge granted by them to said John Moss, elder, dated at 
Melrose, 11 March 1662, of the terms of Contract of mar- 
riage between them dated 2 October 1657 and tocher, etc., 
therein mentioned, and of all portion, legacy, executry, 
etc., which they could claim from said John Moss, elder, 
or Marion Usher his spouse, alive or after death, and selling 
and disponing heritably and irredeemably to said Janet 
Moss, second daughter as above, all lands, feus, wadsets, 
tacks, etc., that may fall or appertain to said Helen as heir 
portioner to her father, particularly their part and portion 
of six acres of land in Dernick of old pertaining to deceased 
James Heatton there, thereafter to James Mosse, there- 
after to said John Moss, her father, son of said James, 
with teind sheaves and pertinents, and her part and portion 
of 2 acres of land lying runrig in Dernick, also pertaining 
to her father, and of these 4 acres of land called the Laird's 
lands, also pertaining to him, in the town and territory of 
Dernick ; and this deed she now ratifies in judgment, 
extra presentiam mariti, as being granted voluntarily by 
her ; whereupon John Mosse took instruments for himself 
«pBid his daughter Janet and her spouse. [The date of the 
fibpve deed is not mentioned.] 

Curia, decimo septimo Januarii anno 1663. 

Which day decerns John Coitt and Andrew Riddell in 
Lessudden, and Patrick Ridell for his interest, to pay and 
deliver to William Cuthbertsone in Elleistone 3 bolls 8 firlots 
of bear arreisted by him in their hands for satisfaction 
of 13 1. 2 s. and 30 s. expenses in his decreet, 6 December 
last, against said Patrick Riddell ; decreet, etc., produced, 
defenders absent ; 16 s. expenses. 



TRESPASSING PUNISHED 51 

Eodem die absolves Helen Hay, wife of James Lythgow 
of Drygrange, from action against her and her husband for 
his interest by Robert Forsan, miller at Newsteid, for 
5 1. 10 s. lent by him and Rachel Duncan his wife to said 
Helen Hay and paid to others for her in June last, and 40 
fish at 10 s. apiece, inde 20 1. ; referred to her oath, who 
deponed negative. 

Eodem die decerns James Archbald in Lessuden and 
Janet Brotherstones his spouse to pay to John Muray, in- 
•dweller in Bowdoun, 4 1. Scots as balance of 16 1. 10 s. in 
their Ticket to him, 18 February 1660 ; ticket produced, 
■defenders absent ; 16 s. expenses. 

Eodem die decerns John Cochrane in Lessudden to pay 
to Mark Ker there 3 1. for his fee from Whitsunday to 
Martinmas, 1661 ; defender absent ; 10 s. expenses. 

Eodem, die decerns Archibald Moffet, portioner of Threip- 
wood, and James Moffet, younger, now in Galashiels, for 
his interest, to pay to John, Earl of Hadinton, 8 merks 
■due by Archibald to James and arreisted at the Earl's in- 
stance for a certain sum due by said James Moffet ; George 
Moffet, son of said Archibald, compeared and confessed ; 
10 s. expenses. 

Eodem die action raised by James Lythgow of Drygrange 
and Helen Hay his spouse against Robert Forsan, miller 
in Newsteid, who ' by himselfe, his wife, bairnes, familie, 
servands and uthers in his name daylie kills fishes in the 
River of Tweid perteining to the said James Lythgow, and 
also at his owne hand howes up broome upon the saids 
lands of Drygrange and pulls up ther heather, and ound- 
wayes will desist to doe the samyne,' to their great pre- 
judice. Defender present, confessed ; the bailie decerns 
and ordains him ' to desist and cease from howeing of 
any broome or pulling up of any heather at any tyme 
heirefter without speciall licence sought and obteined of 
the said James Lythgow and his said spous, under the 
paine of 13 s. 4 d. for ilk failzie Mies quoties.' [Nothing 
said about fish.] 



52 MELROSE REGALITY RECORDS 



Melrose, 31 January 1663. 

Which day decerns Robert Trotter, portioner of New- 
steid, and Barbara Anderson, widow of Barnard Mein, 
portioner there, now spouse to John Davidsone, portioned 
of Blainslie, to deUver to Isobel Mylne in Newtoune 3 bolls 
of bear (deducting 91. 4 d. Scots ' of the forend of the 
samyne ' paid by Trotter of cess) due by him of ferme to 
said Barbara and her spouse for crop 1662 ; also decerns 
Mark Blaikie in Melrose to deliver the said Isobel 6 bolls 
of bear due as above ; and this in satisfaction to Isobel 
Mylne of the sum of 51 1. 13 s. 4 d. of principal and 5 1. 
expenses of plea contained in her decreet, 9 August last 
against Barbara Anderson. Referred to defender's oaths ; 
Trotter confessed, and produced account for cess ; Blaikie 
absent, held as confessed ; 30 s. expenses. 

Eodem die absolves Robert Mein, elder, mason in New- 
steid, John Mein his son, and Andrew Mein, mason there, 
from action by said Isobel Mylne for ferme due to said 
Barbara Anderson ; referred to his oath, who deponed 
negative. 

Eodem die absolves James Eistone, portioner of Les- 
suden, from action by Walter Gibsone there, who has two 
ash trees growing within his yard dyke in Lessuden, one 
of which Easton has cut and intends to cut the other and 
take them away at his own hand, each worth 100 merks. 
Defender produced decreet, 16 November 1661, narrating 
that four men were appointed to visit and report, who 
found the said trees to belong to Easton. 

Eodem die decerns the following to pay to Mr. John 
Somervaill, minister at St. Boswalls, what they owe, viz. 
Andrew Bryden in Lessuden, 10 1. 10 s. for 5 firlots of bear 
for stipend, crop 1661 ; Mark Kyll there, 10 1. 10 s. for a 
boll of bear ; Thomas Gastoune there, 42 s. for a firlot of 
bear ; John Paton, elder, there, 5 1. 5 s. for a half boll bear ; 
David Uns there, 10 1. 10 s. for a boll of bear ; John Coch- 
rane there, 6 1. 6 s. for 3 firlots of bear ; William Robsone 



DUTY ON SELLING WINES 53 

there, 51. 5 s. for half a boll bear ; John Uns, maltman 
there, 6 1. 6 s. for three firlots bear ; John Bryden there, 
42 s. for a firlot bear ; and Janet Brotherstones, for the 
teind of ' twa pairts of ane halfeland ther ' 4 1. Scots ; as 
for their teind due to pursuer, crop 1661 ; defenders all 
absent, held as confessed ; expenses 2 s. in the pound. 

[Melrose], 13 February 1663. 

Which day, Margaret Elleis, vintner in Melrose, being 
apprehended by William Smith, messenger in Lawder, by 
letters of caption at instance of Mr. Harry Murray, dated 
5 February 1663, ' for vynes vented, coped, and sold be her 
from the first day of August 1657 to the first day of August 
1660, and that upon her oath that the samyne is just and 
trew, and for payment of foure punds Scots for ilk tune of 
the saids wynes swa vented, coped, and sold be her dureing 
the said spaice,' compeared before Gideon Jackson, bailie 
■depute, and deponed she had vented and sold only 5 
gallons of French wine and 20 pints of ' seek ' during the 
said period, the impost whereof extends to 13 s. Scots, 
which she presently paid to Alexander Barbar, writer in 
Edinburgh, on behalf of the said Mr. Harry Muray and 
John Stratoun, and received his discharge therefor. 

Melrose, 14 February 1663 ; Gideon Jackson. 

Which day decerns George Hownhame, younger, in 
Darnick, to pay to William Fisher of M'Quhirrie 78 1. 17 s. 
as price of bear and oats bought from pursuer, growing 
on his lands of Darnick, crop 1662, half payable at Mar- 
tinmas and half at Candlemas thereafter ; referred to 
<tefender, who confessed. 

Eodem die decerns George Hownhame in Bridgend to 
pay to John Bell, weaver in Melrose, 3 1. Scots due by him 
to Janet Thomson in Darnick and assigned by her to pur- 
suer ; defender confessed ; expenses 8 s. 

Eodem die decerns James Pringle in Colmslie to accept 



54 MELROSE REGALITY RECORDS 

and receive from Andrew Fisher in Easter Housebyr lO 
bolls of oats bought ' be the said defender from the said 
persewer ' on 31 December last at agreed-on price of 
6 t. 6 s. 8 d. the boll, promised to be paid in March when 
he received the oats ; referred to defender's oath, who 
deferred to pursuer, who ' deponed positive conforme to 
the forsaid claime ' ; expenses 5 merks. 

Eodem die decerns Margaret EUeis, widow in Melrose, ta 
pay to John Leathheid, burgess of Selkirk, 7 1. Scots due 
by her to him as balance of price of mutton bought from 
him in November ; defender absent ; 14 s. expenses. 

Eodem die decerns Jean Huntar, widow of Hew Bell of 
Eisterlonglie, to pay to Andrew Marr and Robert Frier,^ 
portioners of Galtonside, 7 1. Scots as her deceased hus- 
band's proportion of the outrigging of three soldiers in 
1650 ; referred to defender's oath, who refused, and is held 
as confessed ; expenses 14 s. 

Eodem die decerns Janet Myles, widow in Galtonside, to- 
pay to Janet Chisholme, widow there, 4 1. 10 s. Scots for 
rent of a house, 1661, belonging to pursuer ; defender 
absent ; 10 s. expenses. 

Eodem die decerns Mungo Donaldsone, portioner of 
Melrose, to pay to Michael Gibsone there 10 L 4 s. Scots 
as balance of price of three kine at 17 1. 12 s. the piece, 
bought by him on Martinmas day last for behoof of John 
Muray of Philiphauche, from whom he had received full 
payment ; defender absent ; 22 s. expenses. 

Eodem die decerns Mark Blaikie in Melrose and Andrew 
Tuno, portioner there, to pay to Michael Gibsone there 
20 1. Scots due to Tunno for crop 1662, payable (de- 
ducting cess) 10 1. at Candlemas and 10 1. at Pashe, and 
that arreisted in Blaikie's hands in satisfaction to pursuer 
of 4 1. 17 s. 4 d. of principal and 13 1. 6 s. 8 d. of penalty 
contained in decreet against Andrew Tunno, 1 April last j 
Blaikie deponed he was owing as above. 

Eodem die decerns George Blaikie in Melrose to pay to 



DEFORCING THE OFFICER 55 

James Bume, chamberlain to Andrew Tuno, portioner 
there, 4 1. Scots as niaill and duty of the half of Tunno's 
yard set by Bume to Blaikie, crop 1662 ; referred to de- 
fender, who deferred to pursuer, who deponed positive ; 
9 s. expenses. 

Eodem die decerns Andrew Penman, portioner of Melrose, 
to pay to Robert Broun in Hemphauche 14 1. Scots as price 
of a boll of bear bought by him from pursuer and delivered 
at his direction to Andrew Kennedie in Darnick in May 
last ; pursuer proved same by depositions of Gavin 
Patersone in Kilknow and George Mairtine, tailor in 
Melrose. 

Melrose, 28 February 1663. 

Which day decerns Walter Carnecroce, eldest lawful 
son of William Carnecroce of Allanshaw, to pay to William 
Edgar, fiscal, 100 1. Scots for deforcing Andrew Kennedie, 
ofl&cer, on 23 February inst. when poinding his sword for 
payment to Ephraim Wilkiesone in the House of the Moor 
of 20 \. principal and 40 s. expenses in decreet, 25 October 
last|; referred to defender's oath, who deferred to Kennedy's 
oath, who deponed affirmative. 

Eodem die decerns William Robsone in Lessudden to 
pay to Thomas Gaston there 10 L Scots as price of a boll of 
bear bought by defender and ' lettin ' by pursuer to de- 
fender at Michaelmas 1661, to be paid at Pashe thereafter ; 
defender absent ; 20 s. expenses. 

Eodem die decerns John Scott, portioner of Galtonside, 
to pay to James Mein, smith in Newsteid, 10 1. Scots as 
balance of 30 1. for certain fruit bought from pursuer in 
July last ; defender confessed ; 20 s. expenses. 

Eodem die decerns Patrick Riddell, portioner of Les- 
sudden, to pay to Robert Riddell in Newsteid 10 merks 
as balance of 20 1. due to Alison Mylne in Newtoune, who 
assigned to pursuer ; defender absent ; 16 s. expenses. 

Eodem die decerns George Turner in Overlongshaw and 



56 MELROSE REGALITY RECORDS 

James Turner in Netherlongshaw to pay to Mr. John Scot 
of Longshaw for rent and duty 1662 the sums of 63 1. 5 s. 
and 125 1. Scots respectively ; defenders confessed ; ex- 
penses 3 1. and 6 1. respectively. 

Eodem die decerns George Alexander in Easter Longlie 
to pay to Mr. John Scot of Longshaw 36 1. Scots of annual- 
rent, 1662, ' conforme to his infeftment granted be William 
Fisher to him theranent to whom the said defender is 
tennent, and lykwayes the said defender was directed be 
the said William Fisher to pay the forsaid annualrent out 
of his main ' ; defender confessed debt and direction, but 
denied liability till Whitsunday next ; expenses 36 s. 



Melrose, 14 March 1663. 

Which day decerns James Wauche, wright in Melrose, 
to pay to Thomas Law, weaver, 28 s. 8 d. due to him and 
his wife for ale and drink furnished in anno — , and 30 s. 
which pursuer as cautioner for defender paid to Andrew 
Wallace for a pistol bought by defender from said Andrew ; 
defender confessed ; 8 s. expenses. 

Eodem die decerns Andrew Penman, portioner of Mel- 
rose, to pay to Thomas Law, weaver there, 6 merks as 
price of three ' sowmes ' grass ' pastured on Thomas Lawes 
accompt on Eildon hills anno 1662 and befor ' ; referred 
to defender's oath, who deferred to pursuer, and desired 
also his oath anent 6 s. for a horse hire to the Yair and 6 s. 
for another to Sunderhall, and 13 s. 4 d. for straw, for 
which for null defence and non compearance Penman 
obtained decreet, 11 January last ; pursuer deponed that 
defender was justly owing the grass, and that he (pursuer) 
had paid to Penman in Margaret Elleis' house the foresaid 
hires and straw. 

Eodem die absolves John Leithheid, portioner of Melrose, 
from action by Margaret Elleis, widow there, from whom 
in 1650 he bought 4 J gallons of ' seek ' at 16 1. the gallon, 
extending to 72 1., of which he paid all except 12 1., and as 



CUTTING PRYORWOOD BROOM 57 

Margaret bought from him flesh at several times extend- 
ing to 5 1., he is still resting 7 1. Scots ; referred to de- 
fender's oath, who deponed ' he knew it was payed long 
since.' 

Eodem die decerns John Cochrane in Longshaw to pay 
to Adam Hyslop in Longshaw mylne 3 1. Scots for each of 
three ewes lost by him and 30 s. for each of two hogs lost by 
him in 1661, being 12 1. in all, also 3 I. for 6 sheep's grass 
pastured by pursuer for the defender that year ; defender 
denied, but pursuer proved same by depositions of James 
and George Turner in Longshaw ; 24 s. expenses. 



Melrose, 28 March 1663 ; Gideon Jackson. 

Which day, complaint by Janet Mein, widow in Melrose, 
tackswoman of the half of the lands of Pryorwood to John, 
Earl of Hadinton, and the broom whereof is also set to her 
for yearly payment of a considerable sum, against the in- 
habitants of Melrose, who daily molest her possession by 
' holleing, cutteing, and intrometting with and away taking 
at ther owne hands without her licence ether sought or 
obteaned all and sundrie the broome pertening to her 
groweing upone the ground of the Pryorwood.' The 
bailie decerns that each person, young or old, found trans- 
gressing herein in future, or their parents and masters, 
shall pay 13 s. 4 d. and be put into and remain in the stocks 
during the bailie's pleasure ; and ordains Andrew Phaupe 
and Andrew Kennedie, officers of regality, to poind for the 
same without any previous charge ; and ordains these 
presents to be intimated at the market cross this day. 

Eodem die decerns Nicol Cairnecroce in Longshaw to 
pay to George Turner there 151. Scots due for the rent 
and duty of a part of Longshaw set to and possessed by him 
from Whitsunday to Martinmas 1662 ; defender absent ; 
30 s. expenses. 

Eodem die decerns James Edgar, son of William Edgar, 
portioner of Melrose, to pay to Michael Gibsone there 58 s. 



58 MELROSE REGALITY RECORDS 

entrusted by said Michael to him to pay to James Mein in 
Faldonside for the grass maill of a cow grazed by him for 
the said Michael at the agreed price of 3 1. ; referred to de- 
fender's oath, who deferred to pursuer, who deponed 
affirmative. Thereafter defender consigned 58 s. in hands 
of clerk of court till it was decided whether pursuer or 
James Mein had best right thereto.- — 26 May 1663, given 
up by bailie's order to the pursuer's wife. 

Eodem die decerns Andrew Mercer ' Pooll ' in Damick 
to pay to James Claperton there 18 s. in full satisfaction 
of a decreet recovered by said James against him, dated 
Melrose, 15 March 1656, for 18 s. of principal and 13 s. 4 d. 
expenses ; defender confessed the 18 s. ' allanerlie.' 

Melrose, 11 April 1663 ; Gideon Jackson. 

Which day decerns Adam Darling in Westhouses to 
pay to Margaret Lythgow, wife of James Elleis of Huntlie- 
wood, 31. 4 s. due to her for necessaries furnished to him 
preceding March last ; referred to defender's oath, absent ; 
6 s. expenses. 

Eodem die absolves William Cranston in the Roane from 
action by George Turner and Adam Hillope [sic], millers 
in Longshaw mill, claiming 10 pecks of multure at 6 s. the 
peck, being 6 1. Scots, for 10 bolls of oats abstracted from 
the said mill, crop 1662 ; referred to defender's oath, 
who deponed he had not abstracted any. 

Eodem die decerns George Freir in Galtonside to pay 
to William Mercer, weaver in Newsteid, 5 1. Scots due to 
James Bowstoune and arreisted in his hands upon Mercer's 
decreet, 8 March 1662, against Bowstoun ; referred to 
Freir's oath, who deponed he was owing only the said 5 1. 

Eodem die Walter Scot, portioner of Melrose, complains 
against William Wallace, merchant in Melrose, and John 
Leithheid, portioner there, narrating that his tenement 
and yard lies between their respective tenements, but 
Wallace has wrongfully built ' ane dike ' on his ground. 



DISPUTE ABOUT BOUNDARIES 59 

and Leithheid has wrongfully cut and removed a tree from 
his yard, and they daily oppress him. 

14 March last, the bailie ordained Adam Lythgow, 
Andrew Cook, Mungo Donaldsone, and Thomas Mar, 
portioners of Melrose, nominated by both parties, to pass 
and visit the ground and report next court day ; and this 
day they reported that they visited the ground ' and 
finds the stonedyk upon the southe side of the said Walter 
Scot his yaird belonges to the said Walter Scot, it being 
builded upon the old ground wall stones of the said dyke, 
also wee find som ashe and plume tries upon the northe 
side of the said Walter Scott his yaird belonges to the said 
Walter Scott as they are markit in ane hedge upon the 
southe side of the northe dyk of the said yaird,' and 
their report is written by Andrew Phaupe, officer, and 
dated at Melrose, 28 March 1663. The bailie decerns 
' conforme to the forsaid report,' and interpones his 
authority. 

Eodem die decerns Margaret Elleis, widow in Melrose, 
to pay to John Moss, younger, portioner of Darnick, 40 s. 
Scots paid out by him for her in May 1662, when a stirk 
of hers was poinded in Darnick ; referred to defender, 
absent ; 6 s. expenses. 

Eodem die decerns George Elleis, wright in Darnick, 
to pay to Andrew Knox in Mellerstones 40 s. as price of a 
tree wrongfully taken by him out of Christian Darling's 
yard in Darnick, ' which was boucht be the said Andro 
from her ' ; pursuer proved by depositions of Andrew 
Chisholme and Alexander Bowdoun ; 4 s. expenses. 

Eodem die decerns George Blaikie in Melrose to pay to 
Robert Pringle of Blindlie 10 1. Scots ' for ilk tyme he sail 
be fund to fishe in the Water of Tweid efter the dait heirof 
toties quoties.' ' 

Eodem, die decerns Andrew Fishare in Housebyre and 
George AUexander in Easter Longlie to pay to William 
Edgar, fiscal, 10 1. each ' for ther fighteing, wrastling and 
abuseing one another upon the — day of Marche last 



€0 MELROSE REGALITY RECORDS 

bypast comeing from Philiphauche raice, and especiallie 
for the said Andro Fisher his bitteing of the said George 
Alexander his thombe, and the said George Alexander for 
his taking of the said Andro Fishar his sword from him 
and ryffeing of his hair ' ; referred to defender's oaths, and 
Fisher refusing was held as confessed, and George Alex- 
ander confessed ; and an assise of 15 (or 16), by the mouth 
of Michael Fishar in Damick, their chancellor, found the 
same only a riot, no blood being proven or produced. 

Melrose, 25 April 1663 ; Gideon Jackson. 

Which day decerns the following to pay to Mr. John 
Scot of Longshaw, as follows : Thomas Caldcleughe in 
Blainslie, for his parsonage and vicarage teinds of 3 hus- 
band lands in Blainslie, crop 1662, 51 1. 13 s. 6 d. ; WUliam 
Cranston in the Roan, 31 1. 7 s. 6 d. resting of his parson- 
age and vicarage teinds, said crop (having paid 20 1. 
before) ; John Wallace in Blainslie, 40 1. 5 s. for his 
parsonage and vicarage teinds of two husband lands and 
* two pairt of halfe a land ' ; Edward Rolmanhous or [sic] 
Agnes Hardie, 8 1. 12 s. for parsonage and vicarage teinds 
of half a land, crop 1662 ; John Sownhous, 40 1. 11 s. ; and 
John Davidsone, 8 1. 12 s. Referred to defender's oaths, 
but all absenting held as confessed, except William Cranston 
who compeared and confessed the balance of 31 1. 7 s. 6 d. 
Modifies 5 1. expenses to be paid by Caldcleugh, 40 s. by 
Wallace. Same day compeared said Agnes Hardie and 
consigned 8 1. 12 s. in hands of Thomas Wilkiesone, clerk 
of court, to be given up to pursuer on his discharge. — 
Given up to Mr. John Scot upon his acquittance, 21 May 
1663. 

Melrose, 9 May 1663 ; Gideon Jackson. 

Which day ordains William Wallace, weaver in Melrose, 
to pay to Michael Gibsone there 13 1. 6 s. for flesh bought 
from pursuer, and a cow ; referred to defender, who de- 
ferred to pursuer, who deponed affirmative ; expenses 
26 s. 8 d. 



' BRAK HER ROCK ' 61 

Melrose, 16 May 1663 ; Gideon Jackson. 

Which day absolves Andrew Marr, portioner of Galton- 
side, from action by John Scot, weaver there, and William 
Edgar, fiscal, narrating ' that quher the said Andro Mar 
[sic] that Robert Scot sone to the said John Scot had 
climbed ane pyet nest in his yaird and spoyled his trees and 
therby provocked the said John Scot to strik his said sone, 
for which his wife goeing to the said Andro Marr to ask 
him why he could blaime her sone for spoyleing of his 
tries seing her sone was in his bed at that tyme when the 
tries ware climbed, quherupon without any mor or any 
provocatione given be her, called Helen Halywall, wife to 
the said John Scot, he stroak her and dang her bakward on 
the floar and brak her rock,^ which is heir to be seine, so 
that shoe is not able to work since ' ; referred to defender's 
oath, who deferred to John Scot's oath, who deponed 
' he [sic] threw her downe to the ground but stroak her 
not.' 

Eodem die decerns John Hardie in Craiksfoord to pay to 
William Bell in Faldonside 5 1. due by Hardie to deceased 
James Pringle and Bessie Bell his spouse, who at their 
death left their two children to the pursuer, their uncle, 
for maintenance, and left the said sum to maintain them ; 
and the pursuer having informed defender of this in Gala- 
shiels in March last, he gave him 6 s. in part payment and 
promised the rest shortly ; referred to defender's oath, 
who deferred to pursuer, who deponed that the defender 
promised him 5 1. 6 s. and gave him the 6 s. ; expenses 6 s. 

Eodem die decerns Barbara Andersone, widow of — Mein, 
portioner of Newsteid, now spouse to John Davidsone, 
portioner of Blainslie, and him for his interest, to pay to 
Isobel Andersone in Ridpeth, widow of John Mein, por- 
tioner of Newsteid, six bolls of good and sufficient bear 
' of the mett and measure of Newsteid compting 5 furlots 
to the boll,' wrongfully intromitted with by the defenders, 

■ Distaff: strangely Jamieson omits to give the word, though he indicates it 
su6 voce ROCKING. 



62 MELROSE REGALITY RECORDS 

crop 1662, whereas the pursuer is provided thereto by her 
contract of marriage dated — ; referred to defenders, 
absent and held as confessed ; expenses 3 1. 

Eodem die decerns George Tailyeor, portioner of BlainsUe, 
to pay to George Moffet there 10 1. Scots and six quarters of 
' gray ' or 20 s. Scots, due of fee from Whitsunday 1659 
to Martinmas 1662 ; referred to defender, who confessed ; 
22 s. expenses. Absolves Taylor ' from hirding and 
smeareing of five scheip ilk sumer halfe yeir to the said 
George Moffett, because he might have smeared them 
quhen he smeared his masters, and his master knowes not 
whither he smeared them or not.' 

Eodem die decerns William Fisher of M'Quhirrie to pay 
to Michael Gibsone in Melrose 12 1. 6 s. Scots as balance of 
price of two kine bought from pursuer in July last, to be 
paid by 25th of said month ; defender absent, held as 
confessed ; 24 s. expenses. 

Eodem die decerns George Blaikie in Melrose to pay to 
John Mein, maltman in Newsteid, 13 1. 18 s. Scots resting 
unpaid of the price of meal and malt bought from pursuer 
in February last ; defender absent ; 2 merks expenses. 

Eodem die decerns Thomas Caldcleughe in Blainslie to 
pay to John Stirling there 35 s. Scots disbursed by pur- 
suer for him to James Ker, collector, for land excise on 
Martinmas day last ; defender absent, held as confessed. 

Eodem die decerns Andrew Mercer, portioner of Damick, 
' called Baitsheall,' to pay to Andrew Mercer there ' called 
Pooll,' 48 i. Scots as two years' interest of 600 merks due by 
the defender's bond of Wadset to pursuer, 18 November 
1652, being from Martinmas 1652 to Martinmas 1654, 
and which was promised to be paid at two terms yearly 
as the pursuer to be put in possession of 6 acres of land 
in Damick until redeemed by the principal sum. Pursuer 
produced bond of wadset, and defender alleged he entered 
the pursuer to possession of the 6 acres at the granting of 
the bond, but sundry witnesses adduced by him failed to 



DECREE REGARDING FRUIT 63 

prove this exception ; and the baihe ex officio took pur- 
suer's oath ' whither or not ane band of 50 merks ' granted 
by defender to him since the date of the wadset was not 
in satisfaction of the said two years' annualrent, who 
deponed negative ; expenses 6 1. 



Melrose, 23 May 1663 ; Gideon Jackson. 

Which day decerns Wilham Wallace, weaver, portioner 
of Melrose, to pay to William Edgar, portioner there, 
51. 6 s. 8 d. resting unpaid of ' ane seek of malt ' bought 
from pursuer last October, to be paid within 20 days ; 
defender absent ; 10 s. expenses. 

Eodem die decerns James Mein, smith in Newsteid, to 
pay to John Scot in Galtonside, 4 1. Scots as price ' of the 
fruite of one trie in Robert Meines yaird in Newsteid, anno 
1662, efter the wholl fruit of which yaird being sold be the 
said defender to the said persuer in July last at the agried 
price of 30 lib. Scots ' ; referred to defender's oath, who 
craved a day to advise, and was allowed 15 days, but 
failed to compear, and pursuer deponed the tree's fruit 
was worth as above ; expenses 8 s. 

Eodem die absolves John Leyes in Quhitlie from action 
by John Bowstoun in Phamiehirst against him for fees, 
having served the defender half a year for 30 s. and a pair 
of shoes at 16 s. ; referred to defender's oath, who deponed 
he promised him ' onlie sex quarters of gray ' and had 
already paid the same. 

Eodem die decerns Thomas Uns, portioner of Lessuden, 
to pay to Mr. John Somervaill, minister at St. Boswalls, 
7 firlots of bear due for his stipend, crop 1661,orl8l.7s. 6d. 
as the price thereof ; defender absent ; 36 s. expenses. 

Eodem die ^ decerns William Wilsone, litster in Long- 
hauche, to pay to George Bell, portioner of Ridpeth, 

i In margin against this entry, ' lO June.' 



64 MELROSE REGALITY RECORDS 

8 1. 10 s. due to pursuer by John Frater, elder, in Long- 
hauche, and arreisted in defender's hand as debtor ta 
Frater, referred to defender's oath, who deponed he owed 
nothing beyond that sum. 

[Melrose], 17 June 1663. 

Which day decerns Andrew Fisher in Housebyre to pay 
to William Edgar, fiscal, 100 1. ' for the blood and blood- 
wyte [sic] comitted be him upon Thomas Fleiming in Glads- 
wood upon the 13 day of June instant, for his inhumane 
beateing and striking and woundeing of the said Thomas 
Fleiming with a pynt stop and his sword, and especiallie 
for his striking a whinger throw the arme of the said 
Thomas Fleiming the said day at Ridpeth to the great 
eftusione of his blood and haizard of his life ' ; defender 
denied, but the fiscal proved charge by depositions of John 
Andersone, portioner of Ridpeth, and William Huntar 
there, and an assise of 15 found by their chancellor, Thomas 
Law, the defender guilty of the ' forsaid blood and blood- 
wyte.' 

Melrose, 20 June 1663 ; Gideon Jackson. 

Which day decerns Robert Freir in Galtonside to pay 
to John, Earl of Hadinton, 6 firlots of bear due by him 
to Robert Halywall there and arreisted by virtue of the 
Earl's decreet against Halywall ; defender confessed the 
debt. 

Eodem die decerns James Wauche in Melrose to pay to 
Margaret Irland, servitrix to David, Rishop of Lesmoir, 
7 rex dollars, extending to 20 1. 6 s. Scots, borrowed from 
her in October last and to be repaid by Martinmas ; re- 
ferred to defender, absent ; 40 s. expenses. 

Eodem die decerns John Scot in Allanshaw to enter 
home to the service of Thomas Hardie in Colmesliehill 
till Whitsunday next conform to their agreement in April, 
or else pay 91. Scots ; defender absent, held as confessed ; 
18 s. expenses. 



JAILOR FEE 65 

Eodem die decerns Walter Scott, portioner of Melrose, 
to pay to James Elleis of Huntliewood 120 1. Scots due by 
him to James Elleis alias Litle in Melrose and arreisted in 
Scott's hands by virtue of precept upon James Elleis alias 
Litle's Bond to pursuer, 30 October 1643, registered 9 
October 1662 ; defender absent, held as confessed. 

Eodem die decerns William Bell, portioner of Galtonside, 
to pay to Agnes Mein, wife of James Mein, smith in New- 
steid, 36 s. Scots for ale furnished to him ; defender absent ; 
6 s. expenses. 

Eodem die absolves John Hietone, portioner of Damick, 
alias Lockins, from action by James Burne, weaver in 
Melrose, narrating that defender borrowed a sword from 
him in 1649, worth 7 1., which he was either to return or 
buy ; referred to defender, who deponed negative. 

Eodem die decerns Isobel and Margaret Barrie, portioners 
of Galtonside, to pay to Andrew Phaupe, officer, 50 merks 
and 58 merks [sic] respectively for their jailor fee from 
— January last to 3 May last, being ' fivescore sextein ' 
days, at 6 s. 8 d. per day ; defenders absent ; 5 merks 
expenses to be paid by each. 

Eodem die decerns William Wallace, weaver in Melrose, 
to pay to John Moss, younger, portioner of Damick, 10 1. 3 s 
Scots as balance of price of 5 ' wather sheip ' bought by 
him from pursuer in November last ; defender absent ; 
20 s. expenses. 

Eodem, die petition given in by Robert Trotter, James 
Mercer, Andrew Mein, and William Fisher, portioners of 
Newsteid, narrating that William Edgar, James Wallace, 
Thomas Lukupe, and Andrew Phaupe in Melrose, ' for 
themselfes and in name of the rest of the possessors of the 
■Annay of Melros, day lie by themselfes, ther servands, and 
uthers eats and destroyes the comes and grasse in the 
Annay unpairted, albeit it was the custome of old that the 
samen grasse was parted betwixt Melros and Newsteid.' 
The bailie decerns every person pasturing any of their 

VOL. II. E 



66 MELROSE REGALITY RECORDS 

goods hereafter upon the said grass or com till it is parted, 
to pay one mark Scots for each contravention. 

Eodem die decerns John Scot, weaver in Galtonsid, to 
pay to John Thomsone in Maxton 16 s. 8 d. as the balance 
of price of some wheat and pease bought from pursuer in 
June 1662, and 14 s. for some yam ; referred to defender's 
oath, who deponed ' he was only resting the forsaid sex- 
tein s. 8 d. ; and the baillie decerned the forsaid 14 s. for 
the yearne and absolved the defender from the rest of the 
claime ' [sic]. 

Melrose, 4 July 1663 ; Gideon Jackson. 

Which day decerns John Greife, portioner of Blainslie, 
to pay to James Donaldsone, portioner there, 4 1. Scots 
due of bygone annualrent ; defender absent ; 8 s. expenses. 

Eodem die decerns Adam Knox, herd in Longshaw to pay 
to William Edgar, fiscal, 10 1. of fine for striking James 
Turner, servitor to Andrew Fisher in Housebyre, on 
— June last ; proved by depositions of George Turner 
and George Dalgleishe. 

Eodem die absolves Thomas Bowston, Towneheid, and 
Thomas Barton, weaver in Galtonside, from action by 
William Edgar, fiscal, against them for striking one 
another on 16 May last ; referred to their oaths, who 
deponed negative. 

Eodem die decerns James Huntar, traveller, burgess of 
Jedburgh, to pay to Janet Young, as assignee to Barbara 
Ker, her aunt, 58 s. ' for to buy ane shearge waistcoat, 
conforme to his promise maid to the said Barbara Ker at 
the buyeing of her house'; defender absent ; expenses 6 s. 

Eodem die decerns Grizel Patersone in Apletrieleaves 
enter to enter home to the service of Eupham Fisher in 
Westerhousebyre till Martinmas next, or pay 6 1. Scots ; 
defender absent ; 12 s. expenses. 

Eodem die decerns William Wallace, weaver in Melrose, 



' FEWARS OF THE WAIRDS ' 67 

to pay to James Bunzie, weaver in Newsteid, 3 L 16 s. 8 d. 
due as the agreed-on price of ' halfe ane kow ' bought from 
the pursuer ; defender absent ; expenses 6 s. 8 d. 

Eodem die absolves Thomas Marr in Melrose from action 
by John Greirsone in Clarelaw whom he hired in 1648 for a 
year's service for 24 1. ; referred to defender, who deponed 
he had delivered to pursuer a boll of wheat at 20 1. 

Eodem die decerns ' all and sundrie the tennents and pos- 
sessors of Danzielton and fewars of the Wairds of Melros ' 
that none of them ' keip any over sowmes, cast divots of ther 
owne ground, hoU or cute broome or whynes (except upon 
on day in the weik agried upon be nightbours), nor tak 
fooU of any ground except ther owne,' and ordains the 
following stent roll given up by the said persons to stand, 
viz. ' everie twa aiker in Danielton to pasture five sheip 
and ane nolt ' ; and that none ' break any lie land except 
with consent of nychtbours, or comeland efter the break 
be laid lie, and that breaks be put in use yeirlie, and that 
non pastur ther goods in tripe hirsells but that all be put to 
the comon hird, Ukane under the paine of five merks toties 
quoties for ilkane of the forsaids failzies ' ; all the said 
persons compearing and consenting to the premises. 

Melrose, 11 July 1663 ; Gideon Jackson. 

Which day decerns Janet Halywall, widow in Galton- 
side, to pay to Patrick Lukup ' Blind ' in Melrose 6 1. due 
to him ; defender absent ; 12 s. expenses. 

Eodem die decerns WUliam Fisher, portioner of Newsteid, 
to pay to WiUiam Edgar, fiscal, 10 1. of fine for striking 

Broun, servitor to Robert Mein, elder, mason there, 

' and casting of him over a stair,' on — July inst. ; de- 
fender confessed and came in the bailie's wUl. 

Eodem die decerns William Moffet, sometime herd in 
Lawder, now in Threipwood, to pay to John Wilsone in 
Lawder Woodheid 11 1. for oats bought in 1658 ; defender 
confessed ; 24 s. expenses. 



68 MELROSE REGALITY RECORDS 

Eodem die absolves James Rolmanhous, younger, in 
Blainslie from action by Thomas Wood in Ersilton against 
him for intromitting with and taking away some ash and 
elm trees which the pursuer had bought from John David- 
sone, portioner of Blainslie, for 28 1. Scots ; defender pro- 
duced decreet obtained by him, 26 June 1662, against 
Davidson by virtue whereof the said trees were arreisted 
before they were sold to the pursuer, and thereafter law- 
fully poinded. 

Eodem die decerns Andrew Drumond, weaver in Dar- 
nick, ' to enter home to ane dwelling hous and yaird ther 
perteaneing to George Mercer, merchand ther, and to re- 
maine and dwell in it for the spaice of thrie yeares nixt 
ensheweing Witsonday last, and to pay therfor the sowme 
of sex punds Scots ' ; and decerns Mercer to repair the 
house and deliver the keys this night to Drummond, 
conform to their agreement in April last ; both parties 
compearing and confessing the same. 

Eodem die absolves William Hoy, maltman in Galton- 
side, from action by Andrew Phaupe, officer, who having 
obtained decreet against Isobel and Margaret Barrie there 
for debt, arreisted in defender's hands 3 ewes, 3 lambs, and 
a hog pertaining to the said Isobel and Margaret and in 
the defender's custody ; defender deponed they were de- 
livered to him by said Isobel and Margaret in part pay- 
ment of 24 1. due by them to him. 

Eodem die decerns John Frater, younger, in Longhauche, 
to pay to William Edgar, fiscal, 10 1. ' for his striking 
hurting and casting of Peter Darling, naturall sone to 
Philip Darling, littster in Gallasheells, and servitor to 
umquhile Margaret Darling, widow in Apletrieleaves, upon 
the — day of — 1662 ' ; defender denied, but fiscal 
proved by depositions of Andrew Darling, James and 
William Wilsone, who all deponed they ' saw the defender 
stop the" said Peter his sled and cast the come out of it and 
cast others to the ground and that one of them cryed,' and 
an assise by Robert Main, elder, mason, their chancellor, 



DIVERTING THE BURN 69 

found Frater guilty of a riot only, no blood being proved 
or produced. 

Eodem die complaint by Robert Mein, chamberlain to 
the Earl of Roxburgh, against Andrew Mein ' alias Best 
Laird,' who ' hes bigged ane house without his owne 
marches and therby hes diverted the course of the burne 
and sett the samyne upon the said Robert his tenement 
ther, which will undermyne his wall, and also hinders and 
impeids the said Robert and his tennents in turfing and 
theiking of his said tenement, to his great prejudice,' and 
also the said Andrew Mein ' by his trees groweing on his 
ground unsned does prejudge the said Robert.' — 20 June 
last, defender submitted to any whom the bailie would 
nominate to visit the ground and report, who chose Robert 
Mein, elder, James Mercer, Robert Trotter, and Andrew 
Mein, mason, portioners there, ' to passe upon the ground 
and yaird ' and report next court day ; who met on the 
ground on 23 June last and reported they had ' thought 
upon the withinwritten busienes and ordaines Andro Mein 
to flag [?] the groiuid of the burne betwixt ther houses and 
to mak thrie hoUs for ane scaffold that Robert Mein or his 
tennents to [sic] turffe on, and to cut foure trees that lyes 
over his ground betwixt and Yule ' ; which report being 
this day intimated to both parties, the baUie interponed 
his authority. 

Melrose, 25 July 1663 ; Gideon Jackson. 

Which day absolves John Pringle in Threipwood from 
action by John Hall, portioner there, who in 1652 set to 
defender for 6 years a husband land for 100 merks yearly, 
and to report the superior's discharges yearly for feu duty 
and carriages ; referred to defender, who deponed he 
promised only the tack duty and feu-duty but not the 
carriages. 

Eodem die decerns John Rodger, portioner of Ridpeth, 
to pay to James Moss there 48 s. as balance of 4 1. 8 s., the 
agreed-on price of a firlot of meal bought by Thomas 



70 MELROSE REGALITY RECORDS 

Lyndsay in Ersilton from pursuer about 5 years ago, and 
defender became cautioner for payment ; defender absent ; 
8 s. expenses. 

Eodem die, complaint by John Bowston, cordiner in 
Darnick, against Thomas Bowie in Melrose, who has a 
wadset of a house and yard in Darnick pertaining to 
Alexander Hilton there, lying contiguous to pursuer's 
house and yard, and the trees growing in the said yard 
' wranges and injures the said John Bowston his come 
groweing at the bak of the said Thomas his yaird ' ; de- 
fender compeared 'and was content to sned the forsaid 
tries when the comes sould be separat from the ground,' 
which the bailie ordainis him to do, under the penalty of 
5 merks. 

Eodem die decerns Janet Thomsone, widow in West- 
houses, to pay to George Elleis, weaver in Melrose, 7 1. due 
by her to deceased James Elleis his father, to which he is 
assigned by Margaret Blaikie his mother, as widow and 
executrix to the defunct ; defender absent ; 14 s. ex- 
penses. 

Eodem die decerns James Donaldsone and Edward 
Darling, portioners of Blainslie, to pay to John Wilsone 
in Lauderwoodheid 12 1. borrowed by them from the pur- 
suer in 1653 in name of the rest of the feuars of Blainslie, 
repayable in 10 days ; defenders confessed borrowing and 
promising repayment, but alleged they had paid him ' be 
the grasseing of lambes to him,' which he denied, and it 
was referred to their probation, who referred to his oath, 
who deponed they promised him ' thrie sheips grasse 
yeirlie quhill the repayment of the said sowme ' ; 24 s. 
expenses. 

Eodem die ordains Andrew Phaupe, officer, to seek and 
apprehend Andrew Wilsone, calf-herd in Newsteid, and 
imprison him in the tolbooth of Melrose till he refund the 
damage committed by him on 19 July inst., being the 
Lord's day, ' by breaking of Robert Meane, elder, masone. 



DECREE V. BLAINSLIE FEUARS 71 

his fruit yaird in Newsteid, breaking the tries and branches 
and steaUing of the fruit especiaUie of ane young apletree 
by taking the green aples of it and breaking of the same 
trie,' and until he finds caution not to commit the like in 
time coming, under a penalty ; defender being absent and 
held as confessed. 

Eodem die decerns William Wallace, merchant in Melrose, 
to pay to James Stoddert of Cameston the half of the sum of 
19 1. 6 s. due and resting unpaid by him and Thomas 
Bichet in Boudon, and the said William as cautioner for 
the said Thomas to pay the other half, as balance of price 
of 27 bolls and a little firlot of oats, and 11 bolls and a 
little firlot of bear, at 9 I. 10 s. the boll with the fodder 
overhead, bought by them from pursuer in 1659 ; de- 
fenders confesssed the balance due ; 18 s. expenses. 

Eodem die decerns Helen WUsone, widow of Thomas 
Wright in Blainslie, to pay to Robert Wilsone, weaver 
there, 28 1. 10 s. as balance of 31 1. 16 s. 8 d. borrowed by 
Wright from the pursuer at Martinmas 1659 ; proved by 
depositions of John Pringle, and William Hall, ' tutor ' ; 
50 s. expenses. 

Eodem die decerns John Thin, John Pringle, and John 
Stirling, portioners of Blainslie, for themselves and in 
name of the rest of the feuars of Blainslie, to pay to James 
Donaldsone and Edward Darling, portioners there, 12 1. 
Scots borrowed by the pursuers in name of the defenders 
from John Wilsone in Lawderwoodheid, whereof the de- 
fenders promised to pay their respective proportions ; 
defenders confessed ; expenses 24 s. 

Eodem die decerns Patrick Blaikie in Wooplaw to pay 
to William Edgar, fiscal, 25 t. as a fine for striking and 
hurting John Mein, son of James Mein in Wester Longlie, 
John Mercer and John Sklaiter his servitors, on 9 July last 
* under night ' ; defender denied, but proved by witnesses 
[not named], and an assise, by James Ker, elder, their 
chancellor, found Blaikie guilty of the said riots. 



72 MELROSE REGALITY RECORDS 

Eodem die, complaint by Thomas Maix, portioner of 
Melrose, against Andrew Penman there, who has most 
wrongfully taken away ' verie many stones out of the 
yaird dyk betwixt him and the persewer so that the samyn 
is become unfensseable,' to his great prejudice daily, and 
Penman ' dayly therthrow taks occasione to incroache 
upon his heretage.' He craves that some be appointed 
to visit the ground. — 11 April last, the baUie ordains 
Robert Mein, elder, mason, Adam Lythgow, Andrew 
Cook, and Mungo Donaldsone, to visit and report, who 
by their report, dated at Melrose, 24 July 1663, declare 
that ' ef ter serious inquirie wee find the number of threttein 
ashe tries all markit upon the eist side standing upon the 
dyk, which tries we find as they are marked to belong to 
Thomas Marr his yaird, and the rest upon both sides 
belonges to each yaird they are adjacent unto, lykeas we 
find some tries at the bak of the said Thomas Marres 
houses to be prejudiciall to the saids houses, and ordaines 
them to be removed ane foot from the bak of the saids 
houses, and for farder cleiring of the said threttein tries 
wee ordaine the said Thomas Marr to mak use as he 
thinks fitt of elleven of the saids tries and ordaines the 
nethermost two to be questionable and to be disposed 
upon as the baUlie sail think fitt, and ordaines each pairtie 
to sned ther owne tries and keip ther graines from harme- 
ing ther nightbours ground.' The bailie interpones his 
authority. 



Melrose, 3 August 1663 ; Gideon Jackson. 

Which day decerns George Wilsone in Clackmae to 
pay to William Edgar, fiscal, 101. of fine for striking 
Thomas Purves, James Cochrane, and — in Carrolside, 
on 1 August inst, ' and casting of them to the ground 
violentlie and pulling of ther hair ' ; referred to defender, 
who deponed ' when the said Thomas Purves had him by 
the hair he threw him to the ground,' but denied blood, 
from which accordingly he is absolved. 



SUNDRY DECREES 73 

Melrose, 8 August 1663 ; Robert Mein, elder, bailie 
depute pro tempore. 

Which day, decerns John Davidsone, portioner of 
Blainslie, to pay to James Davidsone there 10 merks as the 
price of trees bought in June 1661 ; defender absent, and 
pursuer deponed the debt was owing ; 1 merk expenses, 

Melrose, 15 August 1663 ; Gideon Jackson. 

Which day, decerns Adam Darling in Westhouses to 
pay to James Rodger in Ridpeth 4 1. 12 s. Scots due by 
him ; defender absent ; expenses 8 s. 

Eodem die decerns Walter Camecroce, fiar of Allan- 
shawes, to pay to Charles Lauder, burgess of Lauder, 20 1. 
Scots, which the said Charles paid to the bailies of Lauder 
as cautioner for Carnecroce conform to an act dated at 
Lauder, 22 April last, under the town clerk's hand, and 
their discharge dated 13 August inst. ; defender absent ; 
40 s. expenses. 

Eodem die decerns James Waugh, wright in Melrose, to 
pay to John Leitheid, burgess of Selkirk, 8 1. Scots or a 
boU of wheat, conform to his Ticket, 12 November 1662 ; 
ticket produced, defender absent ; 16 s. expenses. 

Eodem die absolves James Mylne in Melrose from action 
by Margaret Paislaw ra Ridpeth, narrating that last year 
the said James ' agried with her to keip and atend his 
mother night and day when shoe was seik, for which he 
promised her 4 s. for everie 24 houres,' and she attended 
11 days and nights, extending to 44 s., but he refuses to 
make payment ; referred to defender, who deferred to 
pursuer, who refused to depone. 

Eodem, die decerns William Carnecroce of Allanshaw 
and Walter Carnecroce his son to pay to ' the said ' John 
Notman and Isobel Smith his spouse 11 1. 9 s. for meal 
and ' gray ' bought from the pursuers in December last ; 
defenders absent ; 20 s. expenses. 



74 MELROSE REGALITY RECORDS 

Melrose, 22 August 1663 ; Gideon Jackson. 

Which day decerns Michael Gibsone to pay to Isobel 
Lythgow in SorolesfeUd 18 1. 10 s. as the balance of price 
of some wedders bought from her in 1662 ; referred to 
defender's oath, who confessed there was 20 1. resting for 
the wedders, of which he gave 30 s. to the pursuer in 
earnest thereof, which he desired to be deducted, and 
deferred to pursuer's oath. Expenses, 36 s. 

Eodem die decerns Robert Mein, elder, mason in New- 
steid, Robert Trotter there, and Andrew Mein, mason 
there, and John Davidsone, portioner of Blainslie, and 
Barbara Andersone his spouse, for their interest, to make 
forthcoming to Isobel Andersone, widow of John Mein, 
portioner of Newsteid, the fermes due by them to said 
Barbara Andersone for her lands in Newsteid possessed 
by them, crop 1663, at least so much as will satisfy the 
said Isobel of the number of 6 bolls good and sufficient 
bear, met and measure of Newsteid (5 firlots to the boll), 
contained in decreet at Isobel's instance against said 
Barbara and her husband, 16 May 1663, and conform 
wherto the fermes were arreisted on 3d April 1663 by 
William Kirkwood, messenger, for the said victual and 
3 1. of expenses ; Robert Mein confessed owing 6 firlots 
of bear ; rest of defenders absent, held as confessed ; 
superseding extracting of the decreet till Yule next. 

Eodem die decerns Robert Trotter, portioner of Newsteid, 
Robert Mein, elder, and John Mein, his son, there, and 
Andrew Mein, mason there, to pay to Isobel Anderson, 
widow of John Mein in Coldenknowesbyres, 6 bolls of 
bear out of the readiest of the fermes of the lands of 
Newsteid, Coatland, and Anna of Melrose, pertaining to 
said deceased John Mein and possessed by them, and that 
at Yule next for crop 1663, and so forth yearly in terms 
of her contract of marriage, 12 May 1643, which she 
produced ; defenders absent, held as confessed. 

Eodem die decerns Alexander Ridpeth, wright in 
Melrose, to pay to William Williamsone in GallasheUls 



REMOVING MARCH STONES 75 

121. Scots as resting unpaid of the price of some timber 
bought from pursuer and his copartners out of the wood 
of Fairniehe, also 40 s. owing prior thereto ; defender 
absent ; expenses 30 s. — ^William Bell of Galtonside became 
cautioner for the pursuer to answer the defender as law 
will. 

Eodem die decerns George Blaikie in Melrose to pay to 
William Bell, portioner of Galtonside, 16 merks, and 
7 1. for a boll of bear, extending to 17 1. 13 s. 4 d., for 
maill and ferme of certain of Bell's lands in Melrose 
possessed by said George, crop 1662 ; also 16 merks and 
a boll of bear or the current value thereof, for crop 1668 ; 
defender confessed ; expenses 30 s. for each year. 

Eodem die decerns James Leitham in Galtonside to pay 
to John Scot there 4 1. for timber bought from the pursuer 
at Martinmas last ; defender absent ; 8 s. expenses. 

Eodem die decerns William Wright, smith in Galtonside, 
to remain still in prison ' ay and quhill the marche stones 
that ware sett be the sworne men in Galtonside betwixt 
the yairds pertening to John Scot, Jonnet Halywall and 
Elspeth Trotter ther, and the crofts of land pertening to 
the said William Wright and James Mercer ther, and 
wilfuUie and malliciouslie taken up be Issobell Bowston, 
spous to the said William Wright, without any ordor of 
law and justice, be sett againe in the plaice they ware, 
and ay and quhill he bring and present the said Issobell 
Bowston her persone in prisone and mak payment of the 
soume of ten punds of fyne,' and find caution that he 
and his spouse shall at no future time interfere with these 
march stones save by order of law, under the penalty of 
20 1. for each offence and imprisonment during the bailie's 
pleasure. Absolves James Mercer from the complaint, 
as he deponed negative, and denied giving counsel to 
Isobel Bowston to offend as above. 

Eodem die decerns John Duncan, lapper in the Yle of 
Rae, to pay to Robert Pringle, servitor to Torsonce, 
58 s. as balance of 19 1. 4 s. borrowed from pursuer at 



76 MELROSE REGALITY RECORDS 

Martinmas 1661 ; defender absent, pursuer deponed that 
the debt was resting ; 6 s. expenses. 

Eodem die decerns George Blaikie in Melrose to pay to 
George Pringle there 15 1. with 16 s. as price of a pair of 
white hose, promised as fee to the pursuer from Whit- 
sunday 1661 to Whitsunday 1662 ; also 24 s. owing by 
the defender to James Pringle, the pursuer's nephew, for 
keeping the defender's nolt in summer 1662 ; extending 
in all to 17 1 Scots, and deducting the ' grasse maill ' of a 
quey 'grassed ' by the defender to the pursuer this summer 
1663 ; confessed ; 24 s. expenses. 

'Harvest Vacance.' 



Melrose, 17 October 1663 ; Gideon Jackson. 

Which day decerns Andrew Riddell in Lessudden, 
Katherine Riddell his sister there, and William Maben 
there, tenants to Patrick Riddell, elder, portioner there, 
and the said Patrick for his interest, to pay to John, Earl 
of Hadinton, out of the readiest of the fermes and duties 
payable by them to said Patrick, crop 1663, 48 1. principal 
and 20 merks expenses due by Patrick Riddell's Bond to 
the Earl, 25 February 1663, and arreisted in their hand ; 
referred to defenders' oaths ; absent, held as confessed, 

Eodem die decerns James Eillies, ' Litle,' in Melrose, to 
pay to John Mairton in Danzielton 13 1. 5 s. 10 d. still 
unpaid of the principal sum of 14 1. borrowed from pursuer 
in 1649, and annualrents ; also 10 s. for tailor work ; 
defender confessed. 

Eodem die absolves John Mairton, tailor in Danzielton, 
from action by James Elleis, ' Litle,' in Melrose for 30 s. 
' for ane sowmes grasse in the Harley burne ' set by James 
to John for 12 years past, extending to 18 1. Scots ; 
referred to defender, who deponed James Elleis gave him 
the grass yearly for the annualrent of 14 1. due to him 
and not in payment of the principal itself. 



SUNDRY DECREES 77 

Eodem die decerns James Corsbie, herd in Galtonsid, to 
deliver to William Edgar, fiscal, and Margaret Lythgow, 
wife of James Elleis of Huntliewood, 10 sheep in his custody 
pertaining to Adam Darling in Westhouses and arreisted 
for 10 1. due to the fiscal and 3 1. 10 s. to Margaret Lythgow; 
defender confessed having the sheep. ' And therfor the 
said baillie absolved and absolves in maner forsaid ' [sic]. 



Head court, Melrose, 24 October 1663 ; Gideon Jackson. 

Which day decerns William WUsone, weaver in Long- 
hauche, to pay to George Bell, portioner of Ridpeth, 
15 1. Scots due by him to John Frater, elder, in Long- 
hauche, and arreisted in his hands by decreet at Bell's in- 
stance against Frater, 4 March 1662 ; referred to defender's 
oath, who refused to depone, and held as confessed ; 30 s. 
expenses. 

Eodem die decerns Alexander Ridpeth, wright in Melrose, 
to pay to Adam TumbuU, mason in Newsteid, 4 1. Scots 
' according to his promeise about Lambes day last at the 
desire of William Vernit in Traquair ' ; defender confessed, 
and alleged the pursuer had no power to seek the same 
from Vernit, therefore the bailie decerned as above, 
superseding extract till either the pursuer find caution to 
warrant the defender at the hands of the said William 
Vernit or produce a precept from him ; 8 s. expenses. 

Eodem die decerns Andrew Riddell, portioner of Les- 
sudden, tenant to Patrick Riddell his brother, to pay to 
Robert Riddell in Newsteid 7 1. 10 s. due by said Ajidrew 
to said Patrick and arreisted by the said Robert in terms 
of his decreet, 28 February 1663 against said Patrick 
Riddell ; referred to defender, absent, held as confessed. 

Eodem die decerns James Elleis, portioner of Melrose, to 
exhibit to Thomas Wilkiesone, clerk, a Contract of Wad- 
set, dated — , between deceased James Marr, portioner of 
Galtonside, and Andrew Mar, his son, on the one part, and 



78 MELROSE REGALITY RECORDS 

deceased William Wright, portioner of Galtonside, on the 
other part, whereby Wright, for a loan of 700 marks, 
wadset to James Mar in liferent and his son in fee 8 acres 
of land in Galtonside with onstead and yard ; also Instru- 
ment of Requisition thereupon, and a Tack of the said 
8 acres by both parties to certain persons therein named ; 
all deposited with said James EUeis by consent of both 
parties, and yet in his keeping ; referred to defender, 
absent, held as confessed ; reserving to William Wright, 
son of said deceased William and Agnes Mein his mother, 
all their lawful defences against delivery of the writs to 
Andrew Marr. 



Melrose, 31 October 1663 ; Gideon Jackson. 

Which day decerns William Wallace, weaver in Melrose, 
and George Blaikie there to pay to William Maben in 
Galashiels each 51. 6 s. 8 d. for a stone of lint received by 
each of them from him at Martinmas 1662 ; defenders 
absent ; each to pay 10 s. expenses. 

Eodem die decerns George Blaikie in Melrose to pay to 
James Usher in Newsteid 8 1. as balance of price of 2 bolls 
of malt bought from pursuer last Candlemas ; defender 
absent ; 16 s. expenses. 

Eodem die decerns Andrew Wallace in Melrose, tenant 
to James Hunter, portioner there, indweller in Jedburgh, 
and said James for his interest, to pay to Helen Ker in 
Melrose and Janet Young her daughter 31. 4 s. 8 d. due 
to Hunter and arreisted in his hands by the pursuers for 
the like sum due by Hunter to them, conform to their 
decreet, 4 July 1663 ; Wallace confessed owing more 
than the said sum, but was not obliged to pay tUl Whit- 
sunday ; supersedes extracting till Whitsunday. 

' The Court 7 November 1663 was forgot ; decreet, Agnes 
Mein contra William Hoy, and decreet, George Sandilands, 
miller, contra all and sundrie.' 



RETOUR OF ANDREW BOWSTOUN 79 

Melrose, 14 November 1663 ; Gideon Jackson. 

Retour [in Latin] of the general service of Andrew Bow- 
stoun, weaver in Bridgend, to his deceased brother Robert 
Bowstoun, lawful son of deceased George Bowstoun 
weaver in Brigend ; written by Thomas WUkiesone, 
notary and clerk of regality, and dated at Melrose, 
14 November 1663. Names of the assise, John Merser, 
portioner of Bridgend, James Mairton, John Hownam 
'Wester,' and George Hownam, portioners there, Andrew 
Merser 'PooU,' portioner of Darnick, John Moss, elder, John 
Moss, younger, Nicolas Merser, Walter Usher, William 
Spotswood, James Sympsone, Andrew Chisholme, John 
Fisher, and Robert Halywall, portioners of Darnick, and 
Andrew Hownam, portioner of Brigend. 

Eodem die decerns Bessie Greirsone, widow in Darnick, 
to pay to George Corsar there 5 1. Scots, and 14 s. for an 
ell of white, due of fee for his half year's service to her, 
Martinmas 1662 to Whitsunday 1663; defender confessed; 
expenses 13 s. 4 d. 

Eodem die decerns John Hoy, merchant in Galtonside, 
to pay to Andrew Phaupe in Melrose 31. 2 s. due by him 
long ago to Isobel Barrie there as balance of house maill, 
and assigned by her to Phatlpe, and which Hay promised 
to pay to him at St. Bamabies day last ; defender absent ; 
6 s. 8 d. expenses. 

Melrose, 21 November 1663 ; Gideon Jackson. 

Which day absolves John Sownhous and John Stirling, 
portioners of Blainslie, for themselves and the rest of the 
feuars of Blainslie, from action by John Ker of North- 
preistone narrating that in 1650 they and James Mein 
in Wester Longley were ordered to furnish a soldier to 
him, and as they assert that they paid their proportion 
of the said soldier's fee, which was 50 1. Scots, to the 
deceased Robert Ker of Lindean, the pursuer's father-in- 
law, they ought either to produce his discharge or repay 



80 MELROSE REGALITY RECORDS 

the sum ; referred to oaths of said John Sownhous and John 
Stirling, who depone that the sum was paid to the pur- 
suer, John Ker. 

Eodem die decerns Michael Gibsone in Melrose to pay 
to Alison Mylne in Newtoune 91. 6 s. Scots as the price 
of a cow bought from her in December last, of which 
pajonent was to be made in 14 days ; defender absent ; 
16 s. expenses. 

Eodem die action by William Edgar, fiscal, against 
James and Thomas Turner in Ridpeth, James and Robert 
Forsone in Newsteid, James Sympsone in EUdon, Andrew 
Kennedie in Damick, Adam Darling in Westhouses, John 
Maben, Thomas Williamsone, Robert Martone, George 
Cowper, and John Leirmonth there, Robert Clark in 
Galtonside and Robert Ormeston there, ' for ther fisheing 
in forbidden tyme by net, wand, wastle, and coble in the 
river of Tweid contrair the acts of Parliament ' ; Robert 
Ormeston, George Cowper, and Thomas Williamsone de- 
poned negative, and were absolved ; the rest confessed 
and submitted to the bailie's will, who fined each of them 
101. 

Eodem die decerns Andrew Pringle in Hagbume to pay 
to George Bell, portioner of Ridpeth, 5 1. 10 s. as the price 
of 12 threaves of oatstraw at 12 s. the threave and 2 
threaves at 7 s. the threave, bought from pursuer in 
March last ; defender absent ; 10 s. expenses. 

Eodem die complaint by Robert Bunzie, mason in 
Newsteid, against John Mein, maltman, narrating that in 
1650 the pursuer acquired from John Bunzie his brother 
a wadset right of 2 acres of land of these 4 acres of land 
in Newsteid and pertinents thereof possessed by him, 
and the other two were wadset to Janet and Agnes Mein ; 
' and the said Robert Bunzie persewer being absent when 
the forsaids foure aikers ware to be equallie divyded 
betwixt him and the saids Jonnet and Agnes Meines, the 
said Johne Mein and Robert Mein his father and the said 
John Bunzie did divyde the saids foure aikers betwixt 



BUNZIE V. MEIN 81 

the said Robert Bunzie persewar and the saids Jonet and 
Agnus Meines, and the said John Mein defender did 
wreat up and mark quhatsumever riggs or buts fell to 
the said Robert Bunzie persewer for his two aikers, and 
the said John Bunzie did wreat up and mark the riggs 
and buts that fell to the saids Jonet and Agnes Meines ; 
and the said John Mein defender haveing therefter maried 
the said Jonet Mein, does still reteane and keep up the 
forsaid wreat quherupon he marked the said persewers 
part, as also hes alwayes sensyne labured and possest ane 
bute called the Coatburne boat perteining to the said 
persewer of the saids two aikers, notwithstanding that in 
August last Robert Mein, James Mercer, and Andro 
Sklaiter were ordained to pas upon the ground of the but 
and to try, visit, and report, who all declaired they knew 
nothing, but referred it to the said John Bunzie, who 
declared it belonged to the said persewer, quherupon the 
said persewer caused shear the said but, being wheat, 
and the said John Mein come at his owne hand and master- 
fullie took the samen away and will ounawayes redelyver 
the same or desist from the possessioune of the said bute 
in tyme [coming].' Being several days called, and pursuer 
referring to defender's .oath, he referred the same to the 
foresaid paper written by the said John Bunzie at the 
dividing of the said acres, who produced the same ' beareing 
the said butt to perteane to the said persewer ' ; the 
bailie ordains John Mein, defender, to put the pursuer in 
present possession of the said butt and cease to molest 
him therein, and ordains both pursuer and defender to 
submit to Robert Mein, Robert Trotter and James Mercer 
' to determine what the said defender sail pay to the 
persewer for the yeares he hes possest the said but. ' 

Eodem die decerns William Wallace, weaver in Melrose, 
to pay to James Milne there and Marion Shill his spouse 
61. 3 s. as balance of price of malt bought from them last 
summer ; defender confessed ; expenses 12 s. 

Eodem die decerns John Maxwell, portioner of Melrose, 
' to labure and manure still these thrie aikers of land in 

VOL. II, F 



82 MELROSE REGALITY RECORDS 

Dainzieltone set to him be Alexander Ridpeth dureing 
the spaice of the tak betwixt them, reserveing actione to 
the said John to persew for what he has to lay to the 
persewers charge for any failyie conteaned in the tak as 
accords of the law ' ; their rights and reasons being 
considered by the bailie. 

Eodem die decerns Andrew Thomsone in Apletrieleaves 
to pay to Alison Patersone, servitrix to William Pringle 
in Yair, 5 1. 16 s. due to her for a half year's service about 
3 years ago ; defender absent ; 9 s. expenses. 



Melrose, 28 November 1663 ; Gideon Jackson. 

Which day decerns Robert Ormeston in Galtonside 
and Agnes Darling his spouse to pay to Thomas Bowston 
there 35 1 1 s. as balance of price of malt bought from him 
since Whitsunday 1662 ; defender [Ormeston] confessed ; 
5 1. expenses. 

Eodem die absolves And'rew Mar, portioner of Galtonside, 
and Margaret Hendersone, his mother, from action by 
Agnes Mein, widow of William Wright, portioner there, 
against them, narrating that the defender and deceased 
James Mar his father got a tack of an acre of land ' and 
yaird,fruit and cropt ' for 3 years from said William Wright, 
for 300 merks as balance of 700 merks due by him and 
contained in a wadset ; and the defender and his father 
having possessed the same for 3 years are thereby paid 
of the said 300 merks, yet he will not restore the tack and 
contract of wadset ; referred to defender's oaths, who 
denied having or fraudfuUy disposing of the said tack. 

Eodem die decerns Robert Braidie in Eildon to pay to 
Margaret Leitham in Old Melrose 61. 7 s. to make up the 
sum of 10 1. in satisfaction of all she could claim from the 
defender through decease of Isobel Leitham her sister, 
his spouse, conform to the determination of Robert 
Mein, elder, and others to whom they submitted ; pursuer 



A BLACK BRANDED COW 83 

[sic] present could not deny and refused to depone ; 12 s. 
expenses. 

Eodem die absolves Richard Lowrie, herd in Newtown, 
from action by William Mylne there, who in summer last 
delivered his goods to said Richard, being common herd 
of Newtowne, to herd, including a black branded cow, 
which cow the said Richard either maliciously or negli- 
gently ' did melt and brak her melt in two, quherof the 
said kow died,' so he ought to pay 26 1. Scots, the price 
he paid for the cow at Jedburgh ; referred to defender, 
who deponed negative. 

Eodem die decerns Robert Riddell in Newsteid ' to tak 
the thrid pairt of that trie groweing on the dyk betwixt 
the yairds pertening to Barbara Andersone and him, 
and the two pairt therof to the aires of umquhile John 
Mein, spous to the said Barbara ' ; because the baOie 
having ordained Robert Trotter, Robert Mein, Andrew 
Mein, and James Mercer, to visit the ground, they reported 
as above, ' and had the life [? leaf] from Robert Riddells 
pairt ' [sic] ; precepts to be directed hereupon against 
John Mein, maltman, present possessor of Barbara 
Andersone's yard. 



Melrose, 5 December 1663 ; Gideon Jackson. 

Which day decerns Patrick Blaikie, sometime in 
Calfehill, now in Wooplaw, to pay to James Wallace, 
portioner of Melrose, 4 merks as the price of a ewe bought 
and paid for by the pursuer in May 1659, and 4 1. for the 
profit thereof ; defender absent ; expenses — . 

Eodem die decerns Andrew Penman in Melrose to pay 
to Andrew Cuik there 6 1. ' for ane pairt of the Wairds 
set be the said persewer to the said defender and possest 
be him cropt 1663,' and 5 merks for certain ' divot card ' 
in Danzielton of the pursuer's cast and taken away by 
the defender ; defender absent ; expenses 18 s. 



84 MELROSE REGALITY RECORDS 

Eodem die absolves Thomas Law, weaver in Melrose,: 
from action by James Wauche, wright there, narrating 
that Law is owing to Thomas Caldcleugh in Blainslie 
16 1. as balance of price of ' ane stoned naig ' bought 
from Caldcleugh 3 or 4 years ago, and that Caldcleugh 
assigned (at Melrose, 6 December 1662) to the pursuer the 
said debt; also the defender owes the pursuer himself 
16 1. 13 s. 4 d. as the price of ' ane hackit kow ' bought 
by him from the pursuer ; referred (with Caldcleugh's 
consent) to defender's oath, who deponed that he was not 
owing to Wauch ' one turner ' for the cow, and as ta 
whatever he owed for the horse deponed the said Thomas 
Caldcleugh ' forgave him and said he sould never crave 
him, in respect of his service to him as procurator.' 



Melrose, 12 December 1663 ; Gideon Jackson. 

Which day decerns William Wallace, portioner of 
Melrose, to pay to Robert Mein, elder, portioner there^ 
3 t. as balance of price of malt bought from pursuer in 
September 1661 ; defender absent ; 6 s. expenses. 

Eodem die action by George Boe in Danzielton against 
James EUeis, portioner of Melrose, who on 22 March 1654 
disponed to pursuer in liferent a rig of land in Danzielton 
on the east part thereof called the Quarrelhill, teind 
sheaves included, and obliged himself to cause till, harrow, 
and labour the said rig and lead the ' muck and fuill ^ 
thereto yearly, and cause till, harrow, and labour the said 
George's yard in Danzielton yearly upon his own charges, 
with power to the pursuer to pasture and graze upon 
EUdonhills 20 sheep, and to keep the said rig free of all 
master's duty and assessment ; whereupon the pursuer 
obtained decreet, 10 July 1660, against defender to fulfil 
these conditions and to uphold his houses in timber and 
stone work. Decreet and liferent right produced, and 
bailie repels defences because of pursuer's answers, and 
decerns the defender to fulfil all the conditions contained 
in the former decreet (' except the muck and trees [sic} 



FINES FOR RIOT 85 

lybellit ') under penalty of 40 merks besides performance ; 
and admits the muck and trees to pursuer's probation. 



Melrose, 9 January 1664 ; Gideon Jackson. 

Which day, decerns Robert Clark in Galtonside and 
Adam Darling in Westhouses to pay each 10 1. Scots to 
William Edgar, fiscal, for a riot committed by them in 
William Hoye's house in Galtonside on 17 December last ; 
both confessed strokes but denied blood. 

Eodem die complaint by Margaret Ker, Lady Colden- 
knowes, against George Bell and Andrew Carnecroce, 
portioners of Ridpeth, for themselves and in name of the 
rest of the feuars and inhabitants of Ridpeth, who daily 
molest and oppress her by cutting her wood, ' hoUing up ' 
and cutting her broom and whins, and eating her grass, 
without any licence ; and the bailie ordains them to desist 
and not to act thus hereafter, under penalty of 13 s. 4 d. 
for each offence. 

Eodem die decerns John Leitham in Lessudden to pay to 
John Pursill there 41. 6 s. for his fee for serving Thomas 
JBichet in Bowdon in winter 1663, for payment whereof 
Leitham became cautioner ; referred to Bichet's oath, 
who deferred to pursuer, who deponed he served Bichet 
from 1 February to 11 June, ' conditionallie that if he sould 
stay untill Mertimes to have ten punds and 2 pair of shoes 
■of fie, quherof he got on pair only. Bailie decerned 
■defender to pay the pursuer the proportional part of the 
foresaid sum of 10 1. according to the time the pursuer 
served, extending to 4 1. 6 s. ; expenses 6 s. 

Eodem die absolves John Trotter of Easterhousebyre 
from action by William Edgar, fiscal, narrating that in 
December last George Pringle, fiar of Blindlie, and said 
John Trotter ' being drinking together within the house 
of Walter Vaitche in Galtonside and haveing drunken 
drunk and casten of all feare of God and reverence to man 
and all respect to our soverane Lord his auctoritie and 
lawes, did fall most inhumanlie on upon another and beat 



86 MELROSE REGALITY RECORDS 

and stroak one another to the effusione of the blood and 
in evill exanple of uthers to doe the lyk without they 
amerciat therfor ' ; defender denied, and pursuer adduced 
Walter Vaitch in Galtonside and Thomas Brotherston in 
Easterhousebyre as witnesses, who deponed that ' they 
griped uthers and George Pringle stroak at John Trotter 
and John Trotter shot him over by which he got blood ' ; 
referred to assise of 15, viz. John Bunzie, portioner of 
Newsteid, James Ker, elder, in Melrose, Adam Lythgow, 
weaver there, Andrew Marr, portioner of Galtonsid,. 
John Halywall, elder, there, Robert Mein, younger, in 
Galtonside, Thomas Halyburton, smith there, Mark 
Blaikie in Melrose, James Riddell in Lilslie, portioner 
there, Thomas Law, weaver there, William Wallace,, 
weaver in Melrose, Robert Bunzie, mason in Newsteid,^ 
Andrew Renneldsone in Darnick, John Bowstowne there,, 
and John Bowar, Wester, in EUdoune, who all by the^ 
mouth of said James Ker, elder, their chancellor, cleansed 
John Trotter of the blood and also of any riot, in respect 
he offered to go away and what he did was in self-defence, 
' and that it is not proven but by one witnes, and that 
the witnesses depones that Blyndlie stroak him but not 
that he stroak Blindlie ; ' so the bailie absolves him, and 
amerciats GeOrge Pringle in 10 1. for striking Trotter. 

Melrose, 16 January 1664 ; Gideon Jackson. 

Which day, decerns Thomas Uns, portioner of Lessuden, 
alias Laird, to pay to John Pursill there 16 1. borrowed 
from him 9 or 10 years ago ; referred to defender, absent ; 
32 s. expenses. 

Melrose, 23 January 1664 ; Gideon Jackson. 

Which day decerns Margaret Eillies, widow in Melrose, 
to pay to William Bell, portioner of Galtonsid, 10 L 2 s. 
for maill and duty of Looksmeidow pertaining to him 
and possessed by her, crop 1663 ; defender absent ; 
20 s. expenses. 



SUNDRY DECREES 87 

Eodem die decerns William Bell, portioner of Galtonside, 
to pay to Margaret Lythgow, wife of James EUeis of 
Huntlywood, 5 1. 17 s. as the price of wine, ale, and other 
necessaries furnished to him before this date ; defender 
confessed, and as to 3 1. 5 s. further claimed by her he 
refers to her oath [but there is no further indication] ; 
10 s. expenses. 

Eodem die decerns William Fisher of M'Quhirie to pay 
to James Browne in Birkinsyde 6 L Scots as agreed-on 
price of 3 stacks of peats bought from him in July last ; 
defender absent ; 6 s. expenses. 

Eodem die decerns Barbara Andersone, wife of John 
Davidsone, portioner of Blainslie, to pay to Robert Mein, 
-elder, mason, portioner of Newsteid, 4 1. 14 s. 4 d. as 
balance of price of a sack of malt bought in 1661, of which 
she promised payment in a month ; defender absent ; 
8 s. expenses. 

Eodem die decerns William Cranston, portioner of 
Blainslie, to pay to James Donaldsone there 7 1. Scots 
with 20 s. penalty and expenses contained in a Ticket, 
7 July 1663, by Cranston to Helen Rolmanhous, wife of 
said James ; ticket produced, defender absent. 

Melrose, 30 January 1664 ; Gideon Jackson. 

Which day absolves John Pursell in Lessudden from 
action by Thomas Bichet in Bowdon who feed Pursell 
at Candlemas 1663 to serve him till Martinmas for 10 1 
of fee, and 2 pairs of shoes at 30 s., but Pursell deserted 
at Whitsunday without just cause, and ought to pay 
' swa meikle of the forsaid fie as might compence the tyme 
of his absence ' ; defender denied, and pursuer adduced 
David Pursell and Robert Cochrane in Lessuden, who 
deponed that the agreement between pursuer and defender 
was ' if they sould not please uthers at Witsunday then 
both to be frie therefter.' 

Eodem die decerns Mr. William Dowcat, portioner of 



88 MELROSE REGALITY RECORDS 

Apletrieleaves, to pay to Eupham Fisher in Housebyre 
6 1. of principal and 12 s. expenses due by him to Grizel 
Patersone, sometime his servitrix, and arreisted by 
Fisher in terms of decreet, 4 July last, obtained by her 
against Paterson ; defender [Dowcat] absent. 

Eodem die absolves Michael Gibsone in Melrose from 
action by Thomas Law, weaver there, narrating that 
they bought 21 sheep between them from James Riddell 
in Lilslie since Martinmas last, but Gibson ' hes intro- 
metted with elleven punds of the price of the said sheip 
and ther tallou and refuises to come to compt and reckning 
with the said Thomas perseware for the samyne ; more 
for two dayes stakeing and one dayes shearing in harvest 
last 25 s. Scots ; more the defender lost the persewer 
ane ox, price 18 s. ; more he promised him 12 s. to ryde 
to the shireffe of Cavers [sic] with him in harvest last.' 
Referred to defender, who produced a written account 
subscribed with his hand and deponed that it was the 
just and true account of both their intromissions with the 
sheep and their tallow, as follows : — ' Compt betwixt 
Michaell Gibsone and Thomas Law ; lent to Thomas Law 
2 lib. ; receaved be Thomas Law 21 skines, 15 lib. 12 s. ; 
William Wilsone, 5 sheip, 3 meites, 5 lib. ; Surges, 4 
sheip, 3 lib. 4 s. ; James Darling, 1 sheip, 1 lib. ; Clap- 
perton, 2 sheip, 1 lib. 8 s. ; Mr. David Fletcher, 1 sheip, 
2 lib. ; Andro Phaupe, 2 sheip, 2 lib. 13 s. 4 d. ; Thomas 
Law sold a syde, 16 s., 4 meitts, 1 lib. 15 s. ; receaved 
elleven pund of tallou ; ane sheip and a halfe parted 
betwixt him and me ; receaved be Michaell Gibsone, 
James Mein, 2 lib. 14 s. ; Adam — , 2 sheip and a 
draucht, 1 lib., and elleven pund of tallou ; of this compt 
receaved be Thomas Law 33 lib. 8 s. 4 d. and elleven 
pund of tallou, 2 lib. of borrowed silver ; receaved be 
Michaell Gibsone 3 lib. 14 s. and elleven pund of tallou ; 
receaved be Michael Gibsone nyne sheip meitt to carie 
ther charges in ; these are the compt of the 21 sheip coft 
be Thomas Law from James Riddell in Lilslie, pryce 
therof 37 lib. Sic subscribiiur, Michaell Gibsone ; and 



TACK OF TWEED FISHINGS 89 

•consigned 34 s. Scots in the clerks hands and declaired 
that it wold satisfie Thomas Law and 1 s. furder.' 
Defender deferred rest of particulars to pursuer's oath, 
who refused to depone. 

Eodem die decerns George Blaikie in Melrose to pay to 
James Bowar there 9 1. Scots as price of 6 firlots of oats 
bought from pursuer in March last payable at Yule ; 
proved by depositions of James Wauche and George 
Pringle ; expenses 18 s. 

Melrose, 6 February 1664 ; Gideon Jackson. 

Which day, decerns John Bunzie, exciseman, to pay to 
James Burne in Melrose 7 1. 4 s. Scots for 12 days' wages 
* to goe with him to Jedburgh and quarter upon the 
deficients ' ; defender offered to prove that pursuer 
received payment from James Ker ' since the last signatour 
•of proces, and took him be the hand never to craive him 
againe,' but succumbed ; 12 s. expenses. 

Eodem die absolves George Hownham in Bridgend from 
action by Robert Pringill of Blindlie and James Mairton. 
tailor in Bridgend, his tacksman of the fishing of Tweid, 
who had a set of the fishing from Blindlie for a certain 
•duty for this year 1664, for coming on — January last 
and masterfully taking from Mairton his net and tearing 
the same, and having a net of his own to fish with without 
licence of either Blindlie or his tacksman ; referred to 
defender, who depones negatively, and also denies he 
struck Mairton. 

Eodem die decerns William Browne in Newsteid ' to 
fill up and mak the gutter betwixt him and James Mein 
ther but 2 foot and a halfe foot broad,' within 8 days, 
under pain of 10 1. ; because James Merser and Robert 
Mein, elder, two of their arbiters, declared they 
agreed so. 

Eodem die absolves Mungo Baton, portioner of Lessud- 
den, David Uns, and James Archbald there, from action 



90 MELROSE REGALITY RECORDS 

by William Edgar, fiscal, against them that upon HanselE 
Monday last they drank to excess and ' stroak and beat 
on another about the want of a dollor to the effusione of 
ther blood and hurt of ther bodies ' ; referred to defenders' 
oaths, and David Uns and James Archibald deponed 
negatively. 

Eodem die decerns Mungo Paton, portioner of Les- 
sudden, to pay to Mr. John Somervaill, minister at St. 
Boswells, 4 1. 16 s. as John Erskine's proportion of the 
expenses bestowed upon the advocation, feuars of Les- 
sudden contra Thomas Halyburton ; defender absent ; 
9 s. expenses. 

Eodem die decerns John Moss, younger, portioner of 
Darnick, to pay to Stephen Mairtin, tailor there, 48 s. 
Scots as the price of a sack taken away by George Merser 
his servant and made use of thereafter by the said John 
Moss ; referred to defender, who deferred to pursuer,, 
who deponed affirmative ; 6 s. 8 d. expenses. 

Eodem die decerns Mr. William Dowcat, portioner of 
Apletrieleaves, and David Thomsone in Longhauch, 
to pay to George Sandilands, miller at Longshaw mill,. 
as follows : — ^Dowcat to pay 6 pecks of oats as the 
abstracted multure of 6 bolls of oats since Whitsunday last,, 
at 10 s. the peck, inde 3 1. of principal, and 8 s. of expenses p 
and Thomson to pay 4 pecks ^ for 4 bolls of malt abstracted 
since Whitsunday last, at 10 s. the peck, inde 40 s. of 
principal, with 6 s. expenses ; Dowcat, absent, held a& 
confessed ; Thomson, present, confessed 4 bolls malt. 

Eodem die decerns James Wauche in Melrose to pay 
to Andrew Penman there 48 s. for 1000 divots led by him 
to the defender, and 40 s. for another thousand led at 
Whitsunday last, and 6 s. for a horse to Rutherford, and 
6 s. 8 d. paid thrice at his direction for drink to him ; ex- 
tending in all to 5 1. 8 d. Scots ; defender absent ; 10 s. 
expenses. 

' Of what, not stated. 



A FARMSERVANT'S WAGE 91 

Headcourt, Melrose, 20 Febmary 1664 ; Gideon 
Jackson. 

Which day decerns Thoinas Law, weaver in Melrose, to 
pay to James Riddell in Lilslie 32 1. 16 s. Scots as balance 
of price of 32 sheep bought since last Martinmas, of which 
payment was promised in 8 days. Defender alleged he 
had partners in the bargain and could not be liable except 
for his own proportion ; repelled, reserving action to him 
against them for his relief ; 5 merks expenses. 

Eodem die decerns James Stoddert of Cameston to pay 
to Thomas Bichet in Bowdon and William Wallace in 
Melrose 10 L as price of 19 pecks of victual ' being lossed 
be the persewers of 38 bolls beir bought and receaved be 
them from the defender with the old measure, quhich 
should have bein delyvered with Paton or Craufurds 
measure, which is ane halfe peck everie boll mor nor the 
measur it was delivered with ' ; also 8 1. 19 s. for the loss 
and damage of 2 bolls and 9 little firlots of bear, sold by 
defender to them and not delivered ; proved by de- 
positions of Mungo Donaldson and Andrew Look [? Cook],- 
ind wallers in Melrose ; 40 s. expenses. 

Eodem die decerns John Maben in Westhouses to pay 
to John Young, portioner of Ersiltoun, 10 1. 6 s. as balance 
of price of some malt bought from pursuer about 2 years 
ago ; defender absent ; 21 s. expenses. 

Eodem die absolves Andrew Marr, portioner of Galton- 
syde, from action by George Carnecroce there, whom the 
said Andrew feed to serve him from Whitsunday to 
Martinmas 1662 for 9 1. Scots, half a boll of bear at 3 1. 6 s.. 
8 d., an ell of white, 13 s. 4 d., and a pair of shoes 16 s., 
extending to 13 1. 16 s., and who entered to his service at 
Whitsunday and served him till 27 June thereafter, when 
the defender without any offence done by the pursuer to 
him put him away and would not allow him to do service 
to him thereafter, ' as is notourlie knowen ' ; referred to 
defender's oath, who deponed ' that the persewer quyt him 
and he him.' 



92 MELROSE REGALITY RECORDS 

Melrose, 12 March 1664 ; Gideon Jackson. 

Which day, decerns Helen Gibson, wife of John Bowar 
Eister, in Eildon, to pay to Thomas Law, weaver in Mel- 
rose, 3 1. 3 s. 6 d. Scots due to him for certain work wrought 
by him to her last year, with a peck of bear at 8 s., which 
she promised to pay at Michaelmas last ; referred to John 
Bowar's oath, who deferred to pursuer, who deponed 
affirmative ; 6 s. 8 d. expenses. 

Eodem die decerns David Uns, brother of Thomas Uns 
in Lessuden, to pay to William Kirkwood, messenger in 
Melrose, 31. 2 s. Scots due by the said David to the said 
William as the balance of 6 1. contained in a Ticket, dated 
at Melrose, 18 January last ; ticket produced, and de- 
fender could not deny ; 6 s. 8 d. 

Eodem die decerns Andrew Penman, portioner of Melrose, 
to pay to James Wauch there 43 s. 2 d. ' as the superplus 
of ane coat or gowne apprised be the said Andro from the 
said James ; and for the chimney braice and neidle ly- 
bellit the defender reproduced the samen in the tolbuith, 
and for the pleugh beam and pleugh head the defender 
denyed he was dew any thing to the persewer for the 
samen, in regaird he gave him a horse grass therfor ' ; 
3 s. 4 d. expenses ; absolves from plough beam and plough 
head in respect of defender's oath. 

Eodem die decerns Walter Vaitch in Darnick and John 
Halywell, elder, there, to pay to William Edgar, fiscal, 
10 1. each for a riot on — September last ; and decerns 
James Burne, weaver in Melrose, and James Gourlay, 
•cordiner there, to pay to the fiscal 10 1. each for a riot on 
— February last ; proven by witnesses [not named]. 

Eodem die decerns William Fisher in Darnick ' called 
Mikle Will ' to pay to George Hownham there 16 1. due 
and resting for 4 bolls of malt at 9 1. the boll, payable last 
Michaelmas ; and ordains the pursuer to accept of ' two 
queyes ' bought by him from the defender at 20 1., ' the 
samyne being manteaned in fodder be the said William 



LANGSHAW MILL MULTURES 9a 

Fisher untill flitting Fryday ' ; proved by depositions of 
Thomas Mar and John Fisher. 



Melrose, 19 March 1664 ; Robert Mein, elder, mason, 
being bailie-depute. 

Which day decerns Michael Gibsone in Melrose to pay 
to Andrew Mar, portioner of Galtonsid, 4 L 4 s. for a bull 
stot bought from pursuer at Martinmas last ; referred to 
defender's oath, who deferred to pursuer, who deponed 
affirmative ; 9 s. expenses. 

Eodem die decerns Mungo Donaldsone, portioner of 
Melrose, to pay to James Mylne there 9 1. Scots as price of 
a boll of bear bought by George Blaikie in Melrose from 
the pursuer in April last for which Donaldson was cau- 
tioner ; defender confessed ; 18 s. expenses. 

• Eodem die decerns William Wallace, weaver in Melrose, 
to pay to James Lamb in Eilliston 15 1. as price of 10 sheep 
bought before Yule last, to be paid at Candlemas ; de- 
fender absent ; 30 s. expenses. 

Eodem die decerns John Frater, younger, in Longhauch, 
Marion Smith and George Bowston there, to pay as follows 
to Mr. John Scot of Longshaw, for abstracting corn from 
the mill of Longshaw since Whitsunday last, viz. Frater, 
6 bolls oats, multure being 6 pecks at 10 s. the peck, inde 

3 1., and 2 bolls ' umble corne,' multure being 2 pecks at 
10 s., inde 20 s., in all 4 1. of principal, and* 8 s. expenses ; 
Bowston, 9 bolls oats, multure being 9 pecks at 10 s., inde 

4 t. 10 s. of principal, 9 s. expenses ; Smith, 7 bolls oats, 
multure being 7 pecks at 10 s., inde 3 1. 10 s., with 7 s. 
expenses ; Frater and Bowston having confessed, and 
Smith absent, held as confessed. 

Melrose, 2 April 1664 ; Robert Mein. 

Which day decerns John Uns, wright in Lessudden, 
and WiUiam Robiesone there, to pay to John Erskine, 



94 MELROSE .REGALITY RECORDS 

portioner of Lessudden, 4 1. 10 s. and 9 1. respectively for 
bear bought from him in 1663 ; defenders absent ; 2 
marks expenses, to be divided between them according 
to proportion of debt. 

Eodem die decerns John Lidderdaine in Kaidslie to pay 
to James Turner in Ridpeth 51. 16 s. for meal bought in 
May 1663, which he promised to pay before 9 October 
thereafter ' being Ersilton faire ' ; defender absent, pursuer 
deponed affirmative ; 12 s. expenses. 

Eodem die decerns William Cranston in the Roan of 
Blainslie to pay to Mr. John Scot of Longshaw 51 1. 7 s. 6 d. 
for his parsonage and vicarage teinds of the Roan, crop 
1663 ; defender absent ; 5 1. 2 s. expenses. 



Melrose, 16 April 1664 ; Gideon Jackson. 

Which day decerns Jean Bell in Longhauche to pay 
to Mr. John Scot of Longshaw 4 pecks of multure for 4 
bolls of oats abstracted from the mill of Longshaw since 
Whitsunday last, at 10 s. the peck, inde 2 1., and 2 pecks for 
2 bolls of humble corn, inde 1 1. ; referred to her oath, who 
refused to depone ; 6 s. expenses. 

Eodem die decerns Janet Stevinsone in Craiksfoord to 
pay to Adam Hyslop in Colmeslie 30 s. Scots ' for grasse- 
ing of ane quey to her in anno 1662 ' ; defender absent ; 
6 s. expenses. 

Eodem die absolves Michael Gibsone in Melrose from 
action by Thomas Law, weaver in Melrose, narrating 
that Law had pursued Gibson before this court for 11 1. 
Scots intromitted with of the flesh and tallow of 21 sheep 
bought by them jointly from James Riddell in Lilslie since 
last Martinmas, and Gibson had prodiiced what he de- 
clared was a just account, and consigned 34 s. in the 
clerk's hands, declaring 33 s. would satisfy and clear their 
account, and judicially promised that if Law ' could 
quarrell the forsaid accompt produced be him as said is 
to be wrong in the worthe and valew of 2 s. Scots and 



TAXES OF THE ROAN 95 

prove the samyne, that he should pay the wholl bargaine 
of the forsaid sheip ' ; and although the account is wrong, 
-as Law offers to prove, yet Gibson refuses to pay. Pur- 
suer adduced James Eillies ' Litle,' George Sheill and 
Mark Blaikie, indwellers in Melrose, who all deponed they 
knew nothing of the said matter, and Law failed in other 
two terms assigned him to produce further evidence. 

Eodem die decerns Robert Pringle of Blindlie to pay to 
William Cranston, portioner of Huntlywood, 18 1. 13 s. 
of bygone burdens, impositions and cess paid out by the 
said William and his tenants for the Roan in Blainslie for 
years preceding 1659, at which time the said Robert sold 
the lands of Roan to the said William, and obliged himself 
to warrant them free of all burdens prior to Whitsunday 
1659, conform to his Disposition, 4 and 5 July 1659 ; disposi- 
tion produced, also three discharges from James Don and 
Walter M'Dougall, collectors, to the said William for his 
part and proportion as above of the burdens due by the 
towns of Blainslie prior to 1659 ; expenses 38 s. 

Eodem die absolves Alison Bowston, wife of John Hally- 
wall, weaver in Galtonside, from action against them by 
William Edgar, fiscal, narrating that in harvest 4 or 5 
years ago she stole corn off the land in Galtonside per- 
taining to Isobel and Margaret Barrie, and Isobel Bowston, 
mother of William Marton, tailor there, reset them ; re- 
ferred to oaths of Alison and Isabel Bouston, and Isobel 
confessed resetting two sheaves of corn, but Alison deponed 
negative and denied both theft and reset. 

Eodem die decerns James Archbald in Lessudden and 
Janet Brotherstones his wife to pay to William Thore- 
brand in Greenheid 5 1. Scots resting unpaid by them to 
him of the price of 13 half fulls of malt and a wedder 
bought from him in 1661 ; both parties (pursuer and de- 
fenders) referred to James Gaston as to quantity and 
price, who deponed he sold the malt to the pursuer and it 
was delivered to the defenders, but knew not the price 
•or what was resting ; 10 s. expenses. 



96 MELROSE REGALITY RECORDS 

Melrose, 30 April 1664 ; Gideon Jackson. 

Which day complaint by Mark Blaikie, James Eillies 
' Walkerraw,' James Patersone, John Merton, Andrew 
Lukupe, Thomas Drumond, Robert Maben, Thomas 
Eillies, and James Merton, tailor, tacksmen of the east side- 
of the acres of Danzielton, against Andrew Penman, George 
Eillies, James Wallace, Thomas Lukup, Andrew Phaupe, 
Adam Lythgow, William Wallace, John Bowar, and John 
Penman, tacksmen of the west side of the acres of Danziel- 
ton, for having ' at ther owne hands pairted, teilled, labured, 
and manured two daills of land lying in that pairt called 
Lorimers croft, and also ane rig of land ther whiche per- 
teanes to the eist side and consequentlie to the persewers,' 
and they refuse to grant or permit the pursuers to possess 
and labour the same. Both parties compearing, the de- 
fenders judicially offered ' to exchange and excambe with 
the persewers and to give the west side as the samyne is 
now possest be thame to the persewers for the eist syde as 
the samyne is now possest be thame, at Michaelmes nixt,' 
whereupon James Merton, pursuer, for himself and the 
rest asked instruments and was content to give the de- 
fenders the east side at Michaelmas ; and the bailie inter- 
pones his authority to the said offer and acceptance 
thereof, and ordains accordingly. 

Eodem die decerns James Eillies ' Litle ' in Melrose to pay 
to John Penman there, heritable proprietor, 81. 19 s. 
2 d. as a year's rent of a house and yard in Melrose set 
by him to the defender from Whitsunday 1663 to Whit- 
sunday 1664 ; pursuer produced his sasine and confirma- 
tion ; and action is reserved to defender against Walter 
Scott, cedent to the pursuer ; 17 s. expenses. 

Eodem die decerns Alexander Ridpeth in Melrose to 
pay to George Blaikie there 48 s. Scots as the price of 
' ane two-horse trie with 3 yrone slings and ane swingl- 
trie ' wrongfully taken by him from the pursuer's plough 
in Danzielton, in March last ; defender absent ; 6 s. 
expenses. 



DEFORCING THE OFFICER 97 

Eodem die absolves Marion Law, daughter of Thomas 
Law, weaver in Melrose, Margaret Bowston his wife, and 
said Thomas for his interest, from action by William Edgar, 
fiscal, Andrew Phaupe, oflBcer in Melrose, and James 
Riddell in Lilslie, narrating that on 21 March last the said 
Andrew Phaupe, by virtue of precept of poinding at 
instance of said James Riddell against said Thomas Law 
for 32 1. 16 s. Scots of principal and 5 merks of expenses con- 
tained in his decreet, 20 February last, apprehended a black 
cow, a black quey, with a stirk, pertaining to Law, mean- 
ing to bring the same to Melrose cross to poind, but the 
said Marion Law and her mother maliciously came ' and 
bereaved the said officer of the saids goods,' and ought to 
be punished for this deforcement. Defenders denied, and 
pursuers adduced witnesses [not named], whose depositions 
being considered by an assise of 15 persons they by the 
mouth of Adam Lythgow their spokesman cleanse the de- 
fenders of the deforcement and that in regard the goods 
were poinded and taken away at that same time for the 
said debt. 

Eodem die action by Thomas Moffet, lawful son pro- 
created between deceased John Moffet, portioner of Threip- 
wood, and deceased Isobel Lyell his wife, sister of deceased 
Thomas Lyell, portioner of Blainslie, as apparent heir to 
his said uncle, against George and John Sheill, indwellers in 
Blainslie, narrating contract of wadset dated at Blainslie 
and Lauder, 13 and 14 August 1653, whereby William 
Stirling, portioner of Blainslie, and John Stirling his eldest 
son wadset to said deceased Thomas Lyell, and deceased 
Agnes Rolmanhous his spouse for 600 merks that half 
husband land in Blainslie lying in the Nethertoun thereof, 
with moss, moor, meadow, and pertinents, and the half of 
the ' wholl heid rowme and yairds which perteaned to twa 
husband lands ' lying in the said Nethertoun ; which con- 
tract by decease of Thomas before the said Agnes his wife 
came into her hands for her liferent security, and she having 
died on 27 April inst. it comes into the custody of said 
George and John Sheill. who will not produce the same 

VOL. II. G 



98 MELROSE REGALITY RECORDS 

for delivery to the pursuer. Absolves the defenders, as 
they produce and consign the contract in the clerk's 
hands, and the bailie ordains the same to be delivered 
to the pursuer upon his acquittance ; which discharge is 
recorded in the minute book, 14 May 1664. 

Melrose, 14 May 1664 ; Gideon Jackson. 

Which day absolves James Merton, tailor in West- 
houses, from action by William Mairton in Galtonside, 
narrating that the said William being addebted to James 
in 7 or 8 1. Scots they agreed together at Martinmas last 
that the said James should labour and possess half an 
acre of land pertaining to the said William, and pay the 
master's duty therefor, until he was satisfied of the debt ; 
but now he refuses to take and labour the land and has 
cast the same back on William's hands so that it is now 
lying lee. Referred to defender's oath, who deponed 
that the said bargain ' was not fuUie agried anent the 
price of ane halfe full of beare.' 

Head Court, Melrose, 4 June 1664 ; Gideon Jackson. 

Which day decerns Alexander Ridpeth in Melrose to 
pay to John Mein, maltman in Newsteid, 61. 12 s. Scots 
due for meal bought last winter ; defender absent ; 12 s. 
expenses. 

Eodem die decerns James Smyth in Mosehouses to pay 
to James Corsar in Colmesliehill 3 1. ' for the price of 
yeild ew lost be the defender to the persewer in anno 
1662 ' ; defender denied, and referred to his oath, who 
refused to depone. 

Eodem die decerns Janet Brotherstones, widow of John 
Kyll, portioner of Lessudden, now spouse to James 
Archbald there, and said James for his interest, Mungo 
Paton, portioner there, Robert Cochrane, portioner there, 
John Bryden, portioner there, Walter Paton there, James 
Purves there, John Kyll there, Alison Haistie there, 



LESSUDDEN EJECTIONS 99 

Margaret Haistie, and John Kyll her son, pretended 
tenants, possessors and occupiers of half a husband land 
in Lessudden, with tenements, houses, yards, crofts, and 
pertinents, sometime belonging to said deceased John 
Kyll portioner there, now to George Bulman, heritable 
proprietor thereof, to flit and remove therefrom, so that 
George Bulman may enter to possession. William 
Kirkwood, messenger, the pursuer's procurator, produced 
the pursuer's sasine and the precept of warning and 
executions thereof, and defenders were absent. 

Eodem die decerns John Mein, smith in Reidpeth, to 
pay to Isobel Scot, widow of Patrick Duncan, ' coper,' 
3 1. borrowed from said Patrick ; defender confessed this, 
but denied other particulars libelled ; ^ 6 s. expenses. 

Eodem die decerns Mungo Paton, portioner of Lessudden, 
and Thomas Huntar, elder, portioner there, to pay to 
Mungo Purves, younger, portioner there, 38 1. 2 s. of 
principal and 46 s. 8 d. expenses contained in Decreet, 
25 January 1653 by the sheriff of Roxburgh against the 
defenders and other persons ; bailie repels defences, and 
decerns, reserving action to the defenders to pursue the 
rest of the feuars of Lessudden for their relief of their 
respective proportions. 

• Eodem die decerns George Alexander in Easter Longlie 
to pay to William Fisher, portioner of Newsteid, 18 1. 
lis. 4 d. as balance of a greater sum owing by him ; 
defender absent ; expenses 86 s. 

Eodem die decerns Thomas Law, weaver in Melrose, to 
pay to Michael Gibsone there 36 s. as balance of price of 
mutton and ' meats ' bought by defender from him ; 
also 151. 16 s. borrowed by defender from John Bowar 
' Eister ' in EUdoun, who assigned the debt to pursuer, 
5 February last. Referred to defender's oath as to mutton, 
etc., who deponed he owed nothing beyond the 36 s. and 
Bowar's debt ; and this debt was also proven by deposi- 

1 Not enumerated. 



100 MELROSE REGALITY RECORDS 

tions of Bartie Mean and John Quarrie, indwellers in 
Eildone ; 30 s. expenses. 



Melrose, 15 June 1664 ; Gideon Jackson. 

Eodem die decerns Thomas Lythgow, portioner of 
Reidpeth, to pay to Sara Tod, widow of George Campbell 
in Edinburgh, and executrix to him, 20 1. contained in 
a Ticket by defender to Campbell, 13 December 1662 ; 
ticket produced, defender absent ; 40 s. expenses. 

Eodem die decerns Nicol Cochrane, portioner of Newtoun,. 
to pay to George Sheill 3 1. 6 s. resting of his harvest fee, 
1658 ; referred to defender, who deferred to pursuer, 
who deponed affirmative ; 6 s. 8 d. expenses. 

Eodem die decerns Michael Gibsone in Melrose to pay 
to Mr. John Scot of Longshaw 6 1. as balance of price of 
4 wedders and a ' dummond ' of the pursuer's and a wedder 
of Patrick Muray's ; defender absent ; 12 s. expenses. 

Eodem die decerns William Wallace, weaver in Melrose, 
to pay to Margaret Lythgow, wife of James EUlies, 
portioner there, 25 1. for bear, meal, and malt bought from 
her ; defender denied, but pursuer proved by depositions 
of Andrew Phaupe and Thomas Bowie ; 50 s. expenses. 



Melrose, 25 June 1664 ; Gideon Jackson. 

Which day decerns Bessie Haistie, wife of Robert 
Mairton in Galtonside, and Robert Mairton, younger, 
their son, to pay to Robert Pringle of Blindlie 9 1. 14 s. 
Scots for a year's fee from Whitsimday 1664 to Whitsunday 
1665, or Robert Mairton, younger, to enter home to his 
service conform to agreement ; Bessie Hastie, present, 
could not deny the same. 

Eodem die decerns Jean Edgar, widow of Michael 
Fishare in Darnick, to pay to John Mein, maltman in 



MELROSE SMALL CUSTOMS 101 

Newsteid, 40 s. for a flrlot of meal bought by Fisher "ft^om 
Mein in December last ; defender absent ; expenses 4 s. 

Eodem die decerns William Mairton in Westhouses to 
pay to James Mairton, tailor there, 81. 6 s. 8 d. for corn 
bought from pursuer in March 1663, and a mark of 
borrowed money ; defender confessed. 

Eodem die decerns John Hardie, son of John Hardie in 
Craiksfoord, to enter home to the service of George Wilsone 
in Clackmae instantly conform to agreement, or else pay 
17 1. 10 s. promised for a year's fee to him by the said 
Oeorge ; defender absent. 

Eodem die decerns Andrew Penman, portioner of Melrose, 
to pay to James Wallace, portioner there, 41. 6 s. 8 d. 
* payd out be the said James for ane cavill in the Wairds 
pertening to Andro Cook and possest be the said Andro 
Penman, cropts 1661 and 1662, maill and teind ' ; defender 
denied, and Andrew Cook referred to his oath, who deferred 
to Cook, who deponed ' he set the forsaid cavell the 
forsaid cropts to Andro Penman for sex punds yearlie 
and to pay my Lords dewtie and teynd beside ' ; 8 s. 
expenses. 

Eodem die absolves Michael Gibsone in Melrose from 
action by Thomas Law, weaver there, who took the small 
customs of Melrose from James Tuilzie in Ersilton and 
Robert Freir in Galashiels, for 1659 and 1660, by virtue 
whereof the defender is owing him for his small customs 
for the said two years 4 1. yearly, inde 8 1. ; referred to 
defender's oath, who deponed negative ' and that he had 
given him up 2 weathers for the samen which he never 
put in any uther compt.' 



Melrose, 2 July 1664 ; Gideon Jackson. 

Which day decerns Thomas Barrie, sometime in 
Blindlie, now in Williamlaw, to pay to John, Earl of 
Hadinton, 50 merks due by him to Robert Pringle of 



102 MELROSE REGALITY RECORDS 

Blindlie for his maill, Whitsunday 1664, and assigned by 
Blindlie to the Earl ; defender absent ; 3 t. expenses. 

Eodem die decerns Edward Darling, elder, portioner of 
Blainslie, to pay to Thomas Darling, wright there, 16 s. 
for ' a pair of muck creells,' and for a ' pleugheid sheth 
and harow taynes,' 15 s., and 5 1. 8 s. for bygone annual- 
rent of 100 merks due by him to pursuer, and 41. for 
timber bought from pursuer, extending in all to 10 1. 19 s. ; 
referred to defender, who deferred to pursuer, who deponed 
affirmative, and the said Edward consigned the amount 
in the Clerk's hands. 

Eodem die decerns ' all and sundrie the cottars and 
inhabitants of Blainslie ' to pay to Mr. John Scott of 
Longshaw their abstracted multures ' conforme to the 
double of the decreet with this dayes proces.' 



Melrose, 9 July 1664 ; Robert Mein, depute pro tempore. 

Which day decerns the following to pay to James 
Stoddert of Camestoun for the crop 1662 of their lands 
in Lessudden, viz. John Robiesone in Lessudden 32 1. 10 s. ^ 
John Fairbarne for same 15 1. 18 s. ; Janet Coitt, 15 L 6 s. ; 
John Cochrane, 78 1. 14 s. ; Nicol Bennet, 52 1. 2 s.; 
defenders absent, held as confessed. Pursuer ordained 
to deduct the defender's cess, excise and burdens, which 
was done before John Coitt and John Maben in Maxton ; 
and Maben declared that the pursuer promised a considera- 
tion to Nicol Bennet, when he pays, ' quhilk consideratione 
is in the persewers optione.' ? 

Eodem die decerns John Bowar, Eister, in Eildon, and 
Helen Gibsone his spouse to pay to Thomas Law, weaver 
in Melrose, 7 I. 12 s. 6 d. Scots ' for working of ther webs 
linnen and wolne for the spaice of 3 yeares preceding 
mertimes last ' ; Helen judicially confessed, deducing 
3 1. 11 s. 6 d. of the fore-end thereof contained in a former 
decreet ; absolves John Bowar from 8 1. for corn and 
straw alleged furnished for him by Thomas Law to the 



SERVICE OF THOMAS HAISTIE 103 

English, and 7 1. for a boll of bear alleged due to Law, 
who referred these to his oath, who deponed negative. 

Eodem die decerns John Leyes, servitor to Andrew 
Darling, portioner of Apletrieleaves, either to enter home 
to the service of Helen Claperton in Netherbarnes and 
James Williamson, her son, within 24 hours, and that for 
a year following, or else to pay 11 1. of fee ; ' because 
the said Andro Darling compeired and allegit he went 
downe to Gallasheills with the said John 40 dayes befor 
Witsonday last and gave over the said Helen, which 
being admitted to his probatione was not fund proven.' 



Melrose, 30 July 1664; Robert Mein, bailie-depute pro tern. 

Retour [in Latin] of the service of Thomas Haistie, 
portioner of Maxpople, to his great grandfather George 
Haistie, dated 30 July 1664, in presence of Robert Mein, 
elder, portioner of Newsteid, bailie-depute ; names of 
assise, George Haistie in Maxpople, Patrick Bulman there, 
William Sweit in Cameston, William Ker, portioner of 
Newtown, Thomas Milne, portioner of the same, Richard 
Sklaiter in Eildon, John Bowar ' Eister ' there, James 
Mercer, portioner of Newsteid, John Bunzie, portioner 
there, Adam Lythgow, portioner of Melrose, Thomas 
Law, portioner there, Michael Gibsone there, Thomas 
Mar there, James Ker, elder, there, and Thomas Gill 
in Newtoun milne. 

Eodem die Edict of Curatory at instance of George 
Blaikie, eldest lawful son of deceased George Blaikie, 
portioner of Melrose, procreated between him and deceased 
Margaret Lythgow his spouse, being now past 14 years of 
age, charging James Eilhes, ' Walkeraw,' in Danieltoun, 
nearest of kin on the father's side, and Adam Lythgow 
and William Wallace, weavers, portioners of Melrose, 
nearest of kin on mother's side, to compear and take the 
office upon them. The said George Blaikie and the said 
relatives compearing, the bailie [sic] after considering 
reasons and arguments elected and chose [sic] Thomas 



104 MELROSE REGALITY RECORDS 

Mar and Thomas Law, portioners of Melrose, as curators 
to said George Blaikie, who accepted the office and gave 
oath de fideli ; because the foresaid James Eillies, Adam 
Lythgow, and William Wallace refused the same. 

Eodem die decerns Mr. William Duiguid, portibner of 
Apletrieleaves, to pay to Andrew Phaupe in Melrose 
3 1. due by Ticket, 11 May 1664 ; and 8 1. 10 s. due by 
him to William Kirkwood, messenger in Melrose, by 
Ticket 18 May 1664, payable on 1 June, who assigned, 
29 July 1664 to the pursuer ; defender absent ; 22 s. 
expenses. 

Melrose, 6 August 1664 ; Gideon Jackson. 

Which day decerns Robert Clark, merchant in Galtonsid, 
and George Blaikie in Melrose, to pay to John, Earl of 
Hadinton, 13 1. 13 s. 4 d. 'for the maill of the Pryor wood ' 
for Martinmas 1663, and 6 1. 3 s. 4 d. for the maill of 2 acres 
of land in Danielton for Whitsunday last and Martinmas 
next, due by said George Blaikie to the Earl, extending to 
19 1. 16 s. 4 d. \sic\, and arreisted in Clerk's hands as debtor 
to Blaikie, in terms of Earl's decreet 15 June last against 
Blaikie ; defenders absent. 

Eodem die the same to pay to James Milne in Melrose 
and Marion Sheill his spouse 52 1. owing by him [Clark] 
to said George Blaikie and arreisted for payment to Milne 
of the like sum due by Blaikie' s bond, 19 June 1663, 
registered 4 August inst., to Milne, with 10 merks of 
expenses ; Clark, defender, absent. 

Eodem die decerns Lizzie Browne in Melrose, and 
William Wallace, weaver, portioner there, to pay to 
Margaret Lythgow, wife of James Eillies of Huntlywood, 
9 1. due by said Lizzie Brown to said William Wallace 
and arreisted in part payment of 25 1. principal and 50 s. 
expenses in decreet, 15 June last, at their instance against 
Wallace ; Lizzie Brown deponed she was owing 80 1. to 
William Wallace at time of arreistment, but had before 
become debtor to George Wallace for 50 merks and 2 years' 



DECREE FOR ASSESSMENTS 105 

interest, and had given the said William "Wallace at the 
hailie's command to pay the Earl's feu-duty 18 L, and to 
James Lamb at the bailies command 14 1. 14 s., so there 
rested in her hand only 9 1. ; absolves from the rest. 

Eodem die decerns Patrick Blaikie in Wooplaw to pay 
to Dand Gray in Stow 16 1. 16 s. as price of a 4 year old 
black cow bought from pursuer at Whitsunday 1663, 
promised to be paid at Martinmas, and thereafter he 
came and promised him a ewe hog or 50 s. to suspend 
payment till Whitsunday, extending to 18 1. 10 s. ; 
defender confessed ; 38 s. expenses. 

Eodem die decerns Andrew Pringle in Hagburne and 
■George Pringle, fiar of Blindlie, to pay to William Carne- 
croce of Allanshawes 100 merks of principal and 10 merks 
of expenses and the bygone interest due to said George 
and arreisted for the like sums contained in latter's bond 
to pursuer, 9 September 1658, registered 12 May 1663 ; 
defender absent. 

Eodem die decerns Mr. William Duguid, portioner of 
Apletrieleaves, to pay to David Thomsone in Longhauch 
11 1. for meat and drink furnished to him by the pursuer ; 
defender absent ; 22 s. expenses. 

Eodem die decerns David Ritchesone, James Eistoun, 
Robert Cochrane, Thomas Uns ' Laird,' Mungo Purves, 
younger, Mungo Purves, elder, Robert Ker, Mungo 
Gibsone, William Maben, Walter Gibsone, Janet Coitt, 
John Milne, Patrick Riddell, Margaret Park, John Thor- 
brand, James Purves, David Kyll, smith, James Stodert, 
John Bryden, William Robiesone, George Eiston, James 
Eiston, Andrew Bryden, John Fairbarne, Thomas Huntar, 
younger, John Gray, James Porteous, and George Porteous, 
portioners of Lessudden, and each of them respectively 
conform to their interest and proportions of land there, 
to pay to Thomas Huntar, elder, and Mungo Paton, 
portioners there, 40 1. 2 s. 8 d. of principal and 3 1. 10 s. of 
expenses and 3 1. 10 s. of sheriff fee and comprising money, 
a,dvanced and paid by them for themselves and the 



106 MELROSE REGALITY RECORDS 

defenders to the said Mungo Purves, younger, conform to- 
decreet by sheriff of Roxburgh, 25 January 1653, at his 
instance against said Thomas Hunter and Mungo Paton 
and others in name of the heritors of the said town, to 
which the bailie interponed his authority on 4 June last,, 
whereupon the pursuers were distrained. The said Robert 
Cochrane and David Ritchiesone, defenders, confessed,^ 
and immediately paid their proportions to the pursuers ; 
the rest of defenders absent, held as confessed ; 4 1. 14 s. 
expenses. 

Eodem die decerns George Sandielands, miller in Long-' 
shaw mill, to pay to Mr. John Scot of Longshaw 6 1. for 
each boll of 6 bolls ferme meal owing by him to the pursuer 
preceding Whitsunday last, extending to 54 I. ; defender 
absent ; 5 1. expenses. 

Eodem die decerns Andrew Wallace, weaver in Melrose, 
and William Fisher of M'Quhirrie, to make furthcoming 
to Thomas Cochrane, portioner of Newtoun, ' ane linnen 
wob 20 elnes long ' pertaining to Fisher, and arreisted 
in part payment of a greater sum due by Fisher for the 
relief of the said Thomas Cochrane, who is distressed 
as cautioner for him to William Curror ; defender absent. 

Eodem die decerns George Ormeston in Melrose and 
Bessie Bell his spouse to pay to Andrew Penman, Adam 
Lythgow, Mark Blaikie, George Eillies, and Thomas 
Lukupe there, 8 1. Scots for maill and duty of a house 
and yard in Danzielton, Whitsunday 1663 to Whitsunday 
1664 ; defendetrs absent ; 16 s. expenses. 



Melrose, 12 August 1664 ; Gideon Jackson. 

Which day decerns James Bowar, portioner of Eildon, 
to pay to John Mein, maltman in Newsteid, 3 1. for 
certain ' grase maill ' promised to pursuer for the space 
of six weeks preceding Whitsunday 1663 ; referred ta 
defender's oath, who deferred to pursuer, who deponed 
affirmative ; 8 s. expenses. 



BLAINSLIE FEUARS v. THIN 107 

Eodem die decerns Michael Gibsone in Melrose to pay- 
to Robert Mylless elder, weaver in Galtonsid, 58 s. 4 d. as 
balance of price of a cow bought by defender from pursuer 
on Lammas day last at 12 1., payable the following Wednes- 
day ; defender absent ; 6 s. expenses. 

Eodem die complaint by Edward Darling, younger, in 
Blainslie, in name of all the feuars, against John Thin, 
portioner there, narrating that on — June last ' the haill 
burlaymen of the towne with consent of nightbours ordained 
everie one to remove ther oversowmes from of the ground 
of Blainslie betwixt and that day eight dayes, utherwayes 
to mak payment of 5 merks for ilk oversowme that sould 
be fund therefter by and attour ther removeing ' ; yet 
John Thin has kept four ' oversowme ' and refuses to 
pay 5 merks for each of them or remove them. Decerns 
him to remove them within 48 hours or pay 6 1. for each 
oversowm. 

Eodem die complaint by Mungo Purves, younger, por- 
tioner of Lessudden, against Mungo Paton there for 
calling him ' infamous and mansworne ' ; Paton com- 
peared and confessed, craved pardon and promised never 
to do the like again ; absolves. 



Melrose, 20 August 1664 ; Gideon Jackson. 

Which day decerns John Bowston, portioner of Darnick, 
to pay to John, Earl of Hadinton, 10 1. 18 s. due by him 
to Andrew Broun, tailor in Edinburgh, and Janet Tuno 
his spouse, and arreisted in his hands by virtue of the 
Earl's decreet, 15 June last, against Broun and his wife 
for the bygone feu-duties and vicarage teind of a tenement 
and yard in Melrose ; defender confessed he had promised 
to see the same paid at Michaelmas next ; decerns, 
superseding execution till that term. 

Eodem die decerns Andrew Darling, portioner of Apletrie- 
leaves, to pay to William Kirkwood, messenger, 48 s. 
as balance of 3 1. 6 s. due to pursuer for charging Mr. 



108 MELROSE REGALITY RECORDS 

William Duguid of Apletrieleaves with homing and 
denouncing him at crosses of Jedburgh and Melrose ; 
defender absent ; 4 s. 



' Harvest vacance ' 

Melrose, 16 and 23 September 1664 ; Gideon Jackson. 

Which 16th day absolves James Donaldson, portioner 
of Blainslie, John Greive, portioner there, Thomas Bowston, 
elder, in Galtonside, John Scot there, John Halywall 
there, Thomas Bowston, younger, and John Halywall 
there [sic], and on 23d day absolves James Milne in 
Melrose, James Mairton, tailor there, and Robert Marr, 
weaver there, John Pringle, Walter Riddell, John Frater 
in Longhauche, Thomas Gill in Newtonmylne, Thomas 
Stenhous in Newton, John Milne, portioner there, William 
Hendersone, William Hoy in Galtonside, Walter Veatche 
there, John Halywall, elder, there, John Bowar, Eister, 
in Eildoun, Richard Sklaitter, there, Thomas Hunter, 
elder, portioner of Lessuden, John Paton there, Mungo 
Paton there, David Kyll, hostler there, and Nicol Bower, 
and each of them, from action by Alexander Clark, malt- 
man, burgess of Edinburgh, and George Bell, burgess of 
Linlithgow, factors and commissioners for James Seaton 
of Touch, narrating Crown gift, 20 October 1663, [sic] to 
Seton of 40 s. Scots per boll of victual of all kinds that 
the lieges should thereafter buy, bargain for or receive 
* with ane peck to the boll or any uther eik or aditione 
lesse or mor contrair to the trew meaneing of the sextein 
and sevintein acts of the 23 Parliament of King James 
the Sext, which bears the mett and measur of Linlithgow 
to be regular regulance of this kingdome, and uther acts 
maid thereanent,' who by his factory, 25 January 1663 [sic] 
deputed Mungo Campbell, indweller in Edinburgh, to 
collect the same, who by his factory, 15 February 1663, 
registered in Commissary books of Peebles, 23 February, 
appointed the foresaid persons to pursue for the same, and 
they allege that the defenders bought or transacted for 



ASSAULTING ROBERT MAIRTON 10» 

48 bolls of victual with a peck added or otherwise, since 
the date of the gift. Referred to defenders' oaths, who de- 
poned negative. 23d September, decerns John Young in 
Colmeslie to pay to pursuers 8 1. Scots for contravening 
the said Acts of Parliament, confessing he bought 4 bolls 
of oats and 3 little fulls from James Pringle at 5 1. the 
boll, inde 20 1., ' and so got the 3 halfe fulls to them.' 
The pursuers protested ' for remeid of law ' against said 
Thomas Gill and took instruments that he deponed he 
had bought the teind of Cameston, crop 1663, from James 
Stoddert ' altogither without condiscending on the price 
of the first boll.' 



[Melrose], 1 October 1664. 

Which day decerns John Dewar in Easter Longlie 
to pay to William Edgar, fiscal, 10 1. for a riot committed 
by him on Andrew Tomlin and Robert Cook, servitors 
to James Mein in Wester Longlie ; confessed he struck 
them ; William Fisher, portioner of Easter Longlie, and 
James Moffet there, cautioners for the fine. 

Melrose, Head Court, 8 October 1664 ; Gideon Jackson. 

Which day decerns James Donaldsone, portioner of 
Blainslie, to pay to Mr. John Scot of Longshaw 40 s. as 
the price of 4 pecks of malt, being multure of 4 bolls of 
malt abstracted from Longshaw mill since Whitsunday 1653, 
and 5 s. 6 d. as the price of the multure of 3 fulls of humble- 
corn likewise abstracted ; referred to defender's oath, who 
deponed as above. 

[Melrose], 15 October 1664 ; Gideon Jackson. 

Which day decerns Andrew Fisher of Wester Housebyre 
to pay to William Edgar, fiscal, 100 1. Scots as a fine for 
striking and blooding of Robert Mairton in Galtonside 
on 8 July last ; pursuer opponed the blood produced, 
there being no witnesses present at the fact except Fisher's 



110 MELROSE REGALITY RECORDS 

•wife, sister-in-law, and women servants, who cannot be 
admitted to depone in the matter ; defender absent, held 
as confessed ; and for further clearing the matter, referred 
to Robert Mairton, who deponed that Fisher gave him the 
blood produced by violent casting of him to the ground 
and striking him, ' and sex tymes more blood upon ane 
uther neckcloath and napkine, which the said Andro 
Fishar defender, with assistance of his wife, sister-in-law 
and women servants violentlie bereft him of, and that the 
said defender had pulled ane great quantitie of hair out 
of his head besyde, and also deponed that the said Andro 
Fishare defender was in the bloodwyte ^ of the samen, 
in respect he had given him no cause nor provocatione 
therto but only by desiring of him to pay his fie, and 
lykwayes that he nether stroak nor bled the said defender ' ; 
submitted to an assise of 15 persons (' particularlie 
nominate and designed in the dyet book '), who by their 
foreman, James Ker, elder, in Melrose, unanimouslj'' 
found Fisher guilty both of the ' blood and bloodwjrte ' 
and absolves Mairton from the same. 

Eodem die decerns Andrew Fishare in Wester Housebyre 
to pay to Robert Mairton, sometime his servitor, 12 1. of 
fee, half a boll of bear and a pair of shoes, promised to 
him for service from Martinmas 1663 to Whitsunday 1664, 
and the same from Whitsunday 1664 to Martinmas there- 
after, ' in respect that the said defender had struckin and 
bled the said persewer and put him away from his service 
without any just cause ; referred to defender's oath, who 
deferred to pursuer, who deponed affirmative and that he 
had received from the defender 58 s., half a boll of bear 
and a pair of shoes, in part payment of his Whitsunday 
fee ; decerns with that deduction ; 40 s. expenses. 

Eodem die decerns Andrew Darling, portioner of 
Apletrieleaves, and John Leyes his servitor, for his 
interest, to pay to Helen Claperton in and James 



1 This seems a new use of the term, implying not the penalty itself but liability 
thereto. 



PAYMENT FOR A ' NAIG ' 111 

Williamsone, her son-in-law, 41. 5 s. Scots and 30 s. as 
the price of six quarters of ' gray ' due by him to Leyes 
as the balance of 20 1., and arreisted for part payment of 
11 1. 4 s. of principal and 24 s. expenses in decreet, 9 July 
last, by pursuers against Leyes ; superseding execution 
till Martinmas next. Referred to Darling's oath, who 
■deponed resting only the above balance ; 8 s. expenses. 

Eodem die decerns Walter Carnecroce, eldest lawful son 
of William CarnecrOce of Allanshaw, to pay to John Trotter 
in Easter Housebyre 27 1. Scots as the agreed-on price 
of a ' naig ' bought from pursuer in April last, payable 
in 15 days ; defender absent ; 59 s. expenses. 

Eodem die decerns James Carnecroce in Galtonside to 
pay to William Fisher of M'Quhirrie 3 1. Scots as balance 
of the price of a horse bought from pursuer ; defender 
absent ; 6 s. expenses. 

Eodem die absolves William Ker, portioner of Newtoun, 
from action by Michael Gibsone in Melrose, who and his 
wife were feed by Ker in harvest 1656 for 16 1. of fee, 
and they only received 6 1. 18 s. Referred to defender, 
who deponed the fee paid and a little full of wheat in 
addition. 

Eodem die absolves Robert Clark, merchant in Galton- 
side, and John Halywall, maltman there, from action by 
William Edgar, fiscal, against them for striking and 
wounding one another ; not sufficiently proven. 

[Melrose], 19 October 1664 ; Gideon Jackson. 

Which day decerns Andrew Fishar in Westerhousebyre 
* to have forfaulted, amitted, and tynt all and quhatsumever 
his moveabill goods and geir by his violent and masterfull 
deforceing of Andro Phaupe, officer,' and transgressing 
Act of Parliament, King James vi.. Parliament 12, cap. 
150, half to be delivered to William Edgar, fiscal, and 
the other half to Andrew Phaupe, at least the prices 
thereof as follows : — 50 score of sheep young and old, at 



112 MELROSE REGALITY RECORDS 

53 1. 6 s. 8 d. the score overhead, inde 2666 1. 13 s. 4 d. ; 
34 nolt oxen and kine, at 20 L apiece, inde 680 1. ; 5 
horses and mares, at 50 merks apiece, inde 1661. 13s. 4d.; 
100 bolls of bear and oats now standing in his barnyard 
of Westerhousebyre, at 4 1. 10 s. the boll, inde 450 1. ; 
extending in all to 8963 1. 6 s. 8 d. ; and ordains the 
former decreet at instance of Robert Marton to be put 
to execution. Being admitted to probation of William 
Edgar, fiscal, and Andrew Phaupe,. officer, produced 
execution subscribed by Phaupe bearing the said de- 
forcement and that he broke his wand ; and John 
Maben, John Barton, and Thomas Bowstoun alias Duke 
Dub, indwellers in Galtonside, whom Phaup took a& 
witnesses, deponed they saw the officer apprehend the 
5 oxen from the rest of defender's goods and drive them 
away to be poinded and apprised, whereupon Fisher 
' cam in the meanetyme with two of his men servands 
and dogs all boddine with staffes and uther invasive 
weapones and violentlie spuilzied, away took, and reft 
the said five oxen from the said Andro Phaupe, officer, 
efter he had driven them of the ground of the saids 
lands of Westerhousebire to the ground of the lands of 
Galtonside.' An assise of 15, by James Ker, elder, in 
Melrose, their foreman, found the deforcement proven ;. 
defender absent. 



Melrose, 22 October 1664 ; Gideon Jackson. 

Which day decerns Thomas Barrie in Williamlaw to 
pay to John Blaikie, merchant in Gallasheills, 5 1. 4 s. 6 d. 
for merchandise bought before Michaelmas last ; defender 
absent ; 8 s. 6 d. expenses. 

Eodem die decerns John Sownhous, portioner of 
Blainslie, John Wallace, smith there, and John Lythgow 
of Newhouses, to pay to Mr. John Scott of Longshaw as 
follows, viz. Sownhous either to pay Scot 8 s. for each of 
20 pecks of oats for multure of 20 bolls oats abstracted 
from Longshaw mill, and 32 s. for 4 pecks bear for multure 



LORD HADDINGTON'S FEU-DUTIES 113 

of 4 bolls bear likewise abstracted, or else to prove next 
court day ' that he hes agried with the millers for the 
samen ' ; Wallace to pay 11 s. for multure of 2 fulls pease, 
a boll of bear, and 2 fulls oats abstracted ; Lythgow to 
pay 8 s. as multure of half a boll pease ' and another of 
beir ' abstracted ; referred to defenders' oaths, who 
deponed as above ; modifies 1 s. per pound as expenses, 

Eodem die decerns Michael Haistie, servitor to George 
Bald in Friershaw, to pay to James Halyburton, portioner 
of Mairtoun, 6 1. with 3 ells of gray or 20 s. per ell, inde 
3 1., ' ane sark,' 20 s., a pair of new shoes, 16 s., in all 
10 L 16 s. of fee promised for service from Whitsunday 
last to Martinmas next^ ' in respect the said defender will 
not enter home to his said service conforme to ther agrie- 
ment ' ; defender absent. Absolves said George Bald from 
action to make 10 1. due by him to Michael Haistie forth- 
coming to said James Halyburton conform to the arreist- 
ment, because pursuer referred to Bald's oath, who deponed 
he owed nothing to Haistie. 

Melrose, 19 November 1664 ; Gideon Jackson. 

Which day decerns all and sundry the vassals and feuars 
of Melroseland to pay their ' few dewties and few ferme ' 
due to the Earl of Hadinton for Martinmas 1664, conform 
to rental produced ; all defenders absent, and held as con- 
fessed. Extracted against Thomas Chisholme of Hairhope 
for 100 1. for the feu duty of the lands of Hairhope, for Whit- 
sunday and Martinmas 1663 and Whitsunday and Martin- 
mas 1664, and for 50 1. yearly in time coming, with 10 merks 
of expenses ; also against William Fishar, younger, por- 
tioner of Damick, for 140 1. 11 s. 4 d. for his feu duty and 
feu farm for his lands in Darnick for Whitsunday and 
Martinmas 1664 and yearly in time coming, with 8 1. 
expenses. 

Eodem die decerns Andrew Ker of Litledeane to pay to 
James Archbald in Lessudden and WUliam Robsone there 
18 1. 13 s. 4 d. as remainder of price of 26 1. 13 s. 4 d. 

VOL. II. H 



114 MELROSE REGALITY RECORDS 

promised to pursuer ' for winning five thousand sklaits 
to him at 5 I. 6 s. 8 d. ilk thowsand,' whereof they had 
received only 8 1. ; referred to defender, absent, and 
William Robson deponed affirmative ; 36 s. expenses. 

Eodem die complaint by Andrew Chisholme and John 
Moss, elder and younger, portioners of Darnick, for them- 
selves and in behalf of the rest of the feuars of Darnick and 
Bridgend, William Bell, Andrew Mar, Robert Freir, and 
William Hoy, portioners of Galtonside, for themselves 
and the rest of the feuars of Galtonside and Westhouses, 
John MUne and Thomas Stenhous, portioners of Newtoune, 
for themselves and the rest of the feuars of Newtoune, 
Richard Sklaitter and James Mein, portioners of EUdoun, 
for themselves and the rest of the feuars there, against 
William Edgar, portioner of Melrose, Robert Trotter, 
portioner of Newsteid, and Andrew Darling, portioner of 
Apletrieleaves, pretended stent masters of the parish of 
Melrose, narrating that by sundry acts of Parliament 
any kirks decaying and ruinous are to be repaired by a 
stent on the heritors, feuars, and liferenters of the parish, 
after a meeting of these heritors, etc., themselves, yet the 
foresaid persons without being nominated or elected by 
the parish did at their own hand convene and without 
considering proportional valued rents imposed unjust 
stents as follows, viz. the feuars of Darnick for their 
proportion, 1664, for repair of Melrose kirk, 12 1. 15 s. 
whereas by valued rent they are liable only in 8 1. ; the 
feuars of Galtonside and Westhouses, 12 1. 15 s., who 
should pay only 8 1. ; the feuars of Newtoun, 8 1. 10 s., 
who should pay only 4 1. 17 s. 6 d. ; the feuars of EUdon, 
6 1., who should pay only 3 1. ; craving therefore the said 
unjust stent roll to be declared null and void. Both 
parties compearing, the bailie decerns the supplicants 
and all and sundry the feuars ' of the townes of Melrose- 
land ' to pay stent conform to their proportion of rent 
according to act of Parliament. 

Eodem die decerns Henry Mylles, portioner of Galton- 
side, to pay to Andrew Marr, portioner there, 50 merks 



DECREE FOR STIPEND 115 

borrowed from pursuer last Pasche, to be paid at Whit- 
sunday then next under pain of doubling, and 30 s. of 
annualrent ; defender absent ; expenses 3 1. 12 s. 

Eodem die decerns Andrew Riddell in Lessudden, 
Katherine Riddell and William Maben there, tenants to 
Patrick Riddell, portioner there, to pay to George Adam- 
sone in Longnewtoun as follows, viz. Andrew Riddell 
8 bolls ferme bear, Katherine Riddell 3 bolls of the same, 
minus a meikle full, and Maben 3 bolls thereof, as due by 
them of ferme, crop 1664, to said Patrick Riddell, and 
arreisted in their hands for 18 1. 13 s. 4 d. due to said 
George Adamson for a term's annualrent of 700 merks, 
Whitsunday to Martinmas 1664, conform to backbond by 
said Patrick to him, 29 March 1664 ; referred to defenders, 
and Katherine Riddell confessed, and rest of defenders 
absent. 

Eodem die decerns the following to pay to Mr. John 
Somervaill, minister at St. Boswalls, as follows, viz. 
William Robsone in Lessudden 3 1. 15 s. for a half boll 
of bear owing to pursuer, crop 1663 ; Andrew Riddell 
there, 1 1. 17 s. 6 d. for a firlot of bear, said crop, and 20 s. 
resting of crop 1662 ; John Bryden there for his part of 
the stipend, crop 1662, 5 1. 4 s. 2 d., and for his bear, crop 
1663, 41. 7 s. 6 d. ; John Fairbairne there, crop 1661, 
1 1. 13 s. 4 d., for his proportion of the manse, 2 1. 18 s. 6 d. ; 
Robsone and Riddell confessed, Bryden and Fairbairn 
absent, held as confessed ; prices of bear according to 
the fiars of the years claimed. 

Melrose, 28 November 1664 ; Gideon Jackson. 

Which day decerns Thomas Gastoun in Lessudden to 
pay to John Coitt there 19 1. 10 s. due to pursuer for 
malt and oats bought, also 16 s. borrowed, extending to 
20 1, 6 s. ; defender absent ; expenses 40 s. 

Melrose, 3 December 1664 ; Gideon Jackson. 
Which day decerns Andrew Mercer ' Baitsheall ' and 



116 MELROSE REGALITY RECORDS 

Andrew Mercer ' Pool!,' portioners of Darnick, to pay to 
Richard Turner in Dryburgh, each 5 1. 10 s. for meal and 
pease bought from him in April last, to be paid by 
Michaelmas ; defenders confessed ; 10 s. expenses to be 
paid by each of them. 

Eodem die decerns Alexander Lythgow, fiar of Dry- 
grange, and James Carnecroce his servant, to make 
forthcoming to John, Earl of Hadinton, 20 L due to 
Carnecroce for servant fees preceding last Martinmas 
and arreisted by the Earl for certain bygone feuduties 
owing by said James to him ; Lythgow confessed. — ' 25 
Feb. 1665, payed to Gideon Jacksone by me.' 

Eodem die decerns George Ormestoun in Melrose to pay 
to William Edgar, fiscal, 50 1. Scots as a fine for deforcing 
Andrew Phaup, officer, on 29 November last when he went 
to poind him at the instance of Andrew Penman and Adam 
Lythgow conform to decreet, 6 August last, obtained by 
them against him ; defender confessed taking two sheep 
from the officer. Also to remain in prison till he pay, or 
give bond for the 50 1. 

Eodem die decerns Robert Trotter, portioner of New- 
steid, and Andrew Mein, mason there, tenants to Barbara 
Andersone and John Davidsone, each to deliver to Isobel 
MOne in Newtoun 6 bolls of bear due by thena to Anderson 
and her spouse, crop 1664, arreisted for pajonent of 36 1 
s. 4 d. of principal and 3 1. expenses in decreet, 9 August 
1662 at pursuer's instance against John Mein, portioner 
of Newsteid, and said Barbara Anderson his mother ; 
bailie repelled defences. 

Eodem die absolves George Wallace, notary in Melrose, 
from action by William Fishare, eldest lawful son of de- 
ceased Michael Fishare, portioner of Darnick, and Jean 
Edgar his mother, narrating that William Fishare, elder, 
in Darnick, granted to said deceased Michael Fishare, 
father of said William and husband to Jean Edgar, a 
heritable Bond dated 17 August 1660 for 1100 merks, 
with annualrent, in which annualrent Michael was infeft ; 



FEU-DUTY FOR COATYAIRDS 117 

which bond and sasine following thereupon do now 
properly belong to the pursuer as apparent heir to his 
father, yet the defender will not deliver the same ; de- 
fender confessed the having thereof, and produced the 
bond and sasine in the clerk's hands ' and protested 
that the samen sould not be given up untill he ware 
satisfied for his paines in wreating.' Ordaine to lie in 
clerk's hands till it is known who has best right to the 
deeds. 

Melrose, 10 December 1664 ; Gideon Jackson. 

Which day absolves Robert Mein, elder, mason in 
Newsteid, and John Mein, multurer, his son, from action 
by James and Nicol Bowar in Eildoun, narrating that 
pursuers and defenders took the Coatyairds between them, 
anno 1663, from Barbara Anderson, yet the pursuers were 
forced to pay the whole year's feu-duty, being 10 1. 12 s. 
whereas they should have paid only 5 1. 6 s., and defenders 
ought to pay the other half. Defenders produced Barbara's 
discharge of that crop 1663. 

Eodem die decerns George Carnecroce, mason in Eildoun, 
to pay to Robert Bunzie, mason in Newsteid, 4 1. due to 
pursuer and often promised ; defender confessed, and 
alleged that pursuer had taken Adam TurnbuU debtor 
for it, which pursuer denied ; 8 s. expenses. 

Eodem die decerns Nicol Bennet, portioner of Lessudden, 
to pay to John Riddell in Newtoun and Margaret Ritche- 
sone his spouse 16 1. borrowed from said Margaret ; 
defender confessed, and alleged he had got 3 years to pay 
it in, whereof 2 were past and 1 to come ; supersedes 
execution for 51. 6 s. 8 d. thereof till Martinmas next ; 
82 s. expenses. 



Melrose, 17 December 1664 ; Gideon Jackson. 

Which day absolves John Fisher of Westerhousebire and 
Andrew Fisher his son from action by the Earl of Hadinton, 



118 MELROSE REGALITY RECORDS 

narrating a Tack granted in 1621 by deceased Thomas, Earl 
of Haddington, his grandfather, to deceased James Came- 
croce of Colmeslie, then heritor of Westerhousebire, of the 
parsonage and vicarage teinds thereof for two terms of 
19 years from Whitsunday 1621, and the said deceased Earl 
on 16 December 1629 obtained decreet of valuation against 
him, who declared that the parsonage stock and teind 
of the said lands was worth no more to him of constant 
yearly rent than 766 merks, and the vicarage teinds worth 
only 64 merks, extending in all to 830 merks yearly, and 
the Earl assented thereto and the Commissioners of Teinds 
decerned accordingly; but this tack expired at Whitsunday 
1659, and so the valued teind duty wUl extend yearly to 
110 1. 13 s. 4 d., and is owing by the defenders to the present 
Earl for crops and years 1659, 1660, 1661, 1662, 1663, 
and 1664, extending to 664 1. Defender produced a tack 
by deceased Thomas, Earl of Hadinton, pursuer's father, 
prorogating the tack of the teinds for 19 years after Whit- 
sunday 1659, dated 4 December 1641, registered in Books 
of Council and Session, 17 December 1641 ; and decerns 
the defenders to pay to the Earl the sum of — as for the 
feu duty of Westerhousebire yearly for 1663 and 1664 ; 
Andrew confessed. (' The forsaid tak of the teynds will 
expyre at Witsonday 1678.') 

Eodem die decerns Janet Miller in Melrose either to 
enter home to the service of Mr. Peter Blair, minister at 
Jedburgh, till Whitsunday next, or pay him 7 1. 10 s. of 
fee ; defender absent ; 12 s. [?] expenses. 

Melrose, 14 January 1665 ; Gideon Jackson. 

Which day decerns Thomas Barrie in Williamlaw to 
pay to John Pringle of Williamlaw 56 1. 1 s. 4 d. as balance 
of his Martinmas maill, 1664 ; defender absent ; 5 1. 
expenses. 

Eodem die decerns Andrew Penman in Melrose to pay 
to Richard Halywall, merchant burgess of Selkirk, 24 s. 
as the price of ' ane blew bonnet ' bought from pursuer 



DISPUTE AS TO DYKES 119 

about 2 years ago ; defender confessed 18 s. and denied 
rest, referred to his oath, who deferred to pursuer, who 
depones the defender promised him 24 s. for the bonnet. 
' Therefter the said Andro Penman consigned the 24 s. 
in the clerks hands, and then he and the said persewer 
agried, and Robert Dalgleishe got from the clerk in name 
of the persewar 12 s. and Andro Penman the uther.' 

Eodem die complaint by John Maxwell, John Penman 
and William Wallace, merchant portioners of Melrose, 
for themselves and the rest of the portioners of Melrose, 
against James Riddell, portioner there, narrating that the 
said James Riddell has the ' southmost outmost tenement 
and yaird ' in Melrose and is in neighbourhood bound to 
keep his yard dykes fencible and the complainers ' harme- 
les,' yet in place of upholding he has demolished the 
dykes and cut the hedges thereof, whereby the complainers' 
yards, corn and kale are exposed to be destroyed 'by 
the whoU beasts of the toune.' Both parties compearing 
the bailie ordains Riddell ' to mak his forsaid yaird dyks 
fenssable swa that the saids persewars may be harmeles 
and skaithles therthrow, within terme of law, under the 
paine of ten merks.' 

Eodem die decerns John Hay in Galtonside to pay to 
Alexander Wood, merchant in Kelso, 11 1. 12 s. 6 d. for 
merchandise bought before Martinmas last ; defender 
absent ; 20 s. expenses. 



Melrose, 28 January 1665 ; Gideon Jackson. 

Eodem die decerns Andrew Pringle in Hagburne to pay 
to Gideon Jackson of Lochehouses 12 1. Scots for last 
year's feu duty of the lands of Hagburne and 40 1. now 
due for the teind of the said lands, crop 1664, conform to 
a precept directed by Mr. William Wallace of AUarslie, 
heritor of the lands of Hagburne, to said Andrew Pringle, 
his tenant, for that effect, dated 29 December 1664 ; 
defender absent ; 3 1. 6 s. 8 d. expenses. 



120 MELROSE REGALITY RECORDS 

Eodem die decerns Thomas Law, weaver in Melrose, 
to pay to George Mercer, merchant in Darnick, 121. for 
5 sheep bought from pursuer at 48 s. a piece ; defender 
absent ; 20 s. expenses. 

Eodem die decerns James Purves in Craiksfoord to pay- 
to George Purves in Sorlesfeild 161. borrowed from 
pursuer about four years ago ; defender absent ; 30 s. 
expenses. 

Eodem die decerns John Trotter in Easterhousebyre to 
pay to Francis Scot, brother german to James Scott of 
Gallasheells, 15 1. ' for grassumes in Lamermoor ' paid by 
the pursuer for the defender last summer ; defender 
absent ; 30 s. expenses. 

Eodem die decerns James Stobo in Apletrieleaves to 
pay to Mr. John Scott of Longshaw 5 s. for the multure 
of a boll of bear abstracted by him from the mill of Long- 
shaw since Whitsunday last ; referred to defender's oath, 
who confessed. 

Eodem die decerns Alexander Lythgow, fiar of Dry- 
grange, to pay to William Kirkwood, messenger in Melrose 
58 s. given by him to the defender to deliver to Thomas 
Lythgow his brother, but which he kept and applied to 
his own use ; defender confessed ; expenses 5 s. 6 d. 

Melrose, 11 February 1665 ; Gideon Jackson. 

Which day decerns William Wallace, merchant in 
Melrose, to pay to John Andersone, portioner of Ridpeth, 
30 s. Scots resting due by him of the price of 6 young oaks 
bought from pursuer ; referred to defender, who deferred 
to pursuer, who deponed affirmative. Thereafter Wallace 
paid the pursuer the said 30 s. therefore absolves. 

Melrose, 25 February 1665 ; Gideon Jackson, 

Which day decerns Thomas Wilsone, mason in Galton- 
side, to pay to James Mein ' Towneheid ' 50 s. for working 



LANGSHAW MULTURES 121 

with the defender at Drygrange, and 30 s. of borrowed 
money, and 12 s. for a cartful of straw ; referred to 
defender's oath, who deferred to pursuer, who deponed 
affirmative ; 9 s. expenses. 

Eodem die decerns George Sandilands, miller in Long- 
shaw mill, and Robert Leyes in — as his cautioner, 
John Hendersone, miller there, and William Hendersone, 
his father, as his cautioner, to pay to Mr. John Scot of 
Longshaw 40 bolls of oatmeal of Roxburgh measure 
before Pasche next or 9 1. the boll thereof, with ' ane 
fatt sow ' or 9 L as the value thereof, 2 dozen capons or 
8 s. for each capon, 10 days ' moweing, twa raiks with twa 
horses to the coalls lyme and Elibankwood and to help 
home with his elding with the rest of the tennents, and to 
uphold the milne kUl and milnehouses of Langshaw 
wyndteight and water teight and sufficient in walls and 
rooffe, and to grind the said persewar his owne cornes 
multurfrie, and that as for the yeares ferme maill and 
dewtie of the said mylne of Longshaw from Witsunday 
last to Mertimes last 1664,' conform to their agreement, 
and that equally between Sandilands and Henderson ; 
defenders absent ; expenses 10 merks. 

Eodem die decerns William Denholme, portioner of 
Ridpeth, to pay to Mr. John Scott of Longshaw 55 1. 7 s. 
' which with 40 lib. 17 s. allowed and deduced to the said 
William be the said persewer of accompts preceiding this 
day is the agried price of elleven bolls ane furlot oatmeall ' 
bought from pursuer and others in his name ; defender 
absent, proved by depositions of John Cuthbertsone and 
Andrew Kennedie ; expenses 6 1. 

Eodem die decerns Robert Maben in Danzieltoun to pay 
to. James Mein in Coldonlcnowes 3 1. Scots as the price 
and worth of a plough belonging to the pursuer and wrong- 
fully taken away by the defender at his own hand out of 
Faldonside at Lammas 1662 ; defender absent ; expenses 
6 s. 

Eodem die decerns Andrew Atchesone in Threipwood 



122 MELROSE REGALITY RECORDS 

and John Wallace, smith in Blainshe, to pay to Mr. John 
Scott of Longshaw, the former 48 s. for 6 pecks as multure 
of 6 bolls oats, and the latter 24 s. for 4 pecks (at 8 s. 
[sic] the peck) as multure of 4 bolls of malt, abstracted by 
them from Longshawmill siace Whitsunday last ; defenders 
absent. 

Eodem die decerns William Fishar of M'Quhirrie to pay 
to Francis Scott in Galashiels 25 1. as price of a cow 
bought from pursuer ; defender absent ; 50 s. expenses. 

Melrose, 18 February 1665 ; Gideon Jackson. 

Which day compeared Isobel Scott, wife of Mr. John 
Lythgow, minister at the kirk of Ewes, and produced a 
Disposition of this date, granted by her husband with her 
consent to Thomas Lythgow, ' only laufuU child to the 
said Mr. John,' and his heirs, executors, and assignees, of 
all debts, money, corn, cattle, plenishing, horses, sheep, 
goods and gear belonging to them at their decease ; 
which deed she ratified and approved judicially, declaring 
herself a willing consenter thereto, and thereupon James 
Eillies of Huntlywood as attorney for the said Thomas 
Lythgow took instruments. 

Melrose, 11 March 1665 ; Gideon Jackson. 

Which day decerns Andrew Riddell in Lessudden to pay 
to Walter Scott of Raeburne 4 1. 10 s. resting unpaid of 
crop 1663 ; defender absent ; 8 s. 6 d. expenses. 

Eodem die decerns Robert Bunzie, mason in Newsteid, 
to pay to John Mein, multurer there, 5 s. for each of 5 
bygone kain hens due by him to pursuer preceding Martinmas 
1664 for a but of land lying in the Blakmyre sometime 
pertaining to John Bunzie and now pertaining to 2 acres 
of land wadset by the said John ' to me ' (pursuer), which 
but is possessed by the said Robert ' as a pairt of uther 
2 aikers wodset to him for yearlie pay of a hen ' ; admitted 
to pursuer's probation, who proved same by said John 



' FOR BIGGING OF FALD DYKS ' 128 

Bunzie, who deponed that the but should pay a hen 
yearly ; whereupon said Robert Bunzie consigned the 
said 25 s. in the clerks hand, which is given up to pursuer 
on his receipt. 

Eodem die decerns William Carnecroce of AUanshawes 
to pay to James Haistie in Eildoun 3 1. 10 s. and ' sex 
capfuU of meall halfe oat meall and halfe umblecome 
meall, or 3 s. 4 d. ilk capfuU, inde 20 s.' Due and resting 
by defender to pursuer ' for bigging of fald dyks upon the 
lands of Old Melrose ' ; defender absent ; 9 s. expenses. 



Melrose, 1 April 1665 ; Gideon Jackson. 

Which day decerns John Bowar in Eildoun to pay to 
Michael Gibsone in Melrose 8 small fulls of wheat at 7 1. 
13 s. 4 d. the boll, due to pursuer and promised to be paid 
at Martinmas last ; defender confessed ; 12 s. expenses. 

Eodem die decerns John Thin, portioner of Blainslie, to 
pay to Mr. John Scott of Longshaw 63 1. as the price of 
the multure and sequels of 91 bolls of oats and 35 bolls of 
bear and humble corn ' abstracted be him of his corne 
growand in Blainslie and imbrocht (his teynd and seid 
being excepted) from the said persuer his mylne of Long- 
shaw since Witsunday 1663 ' ; defender absent ; 10 merks 
of expenses. 



Melrose, 15 April 1665 ; Gideon Jackson. 

Which day decerns William Fishar, portioner of Easter 
Longlie, to pay to Elizabeth Strang, widow of David, 
Bishop of Lismore, 11 1. 1 s. 8 d. due to her by George 
Alexander, his son-in-law, and arreisted in defender's 
hands ; Fisher confessed he had ' as muche comes in his 
barne perteining to the said George as wold satisfie the 
forsaid sowme.' 

Eodem die decerns John Scot in Galtonside to pay to 
Andrew Dawsone in Coldonknowes byres 3 1. 5 s. as 



124 MELROSE REGALITY RECORDS 

remainder of certain wheat bought from pursuer at 
Lammas last ; defender absent ; 7 s. expenses. 

Eodem die decerns William Carnecroce of Allanshawes 
to pay to James Rodger, shoemaker in Edinburgh, and 
Alison Anderson his spouse, sometime servitrix to said 
William, 9 1. for a year's fee, Whitsunday and Martinmas 
1656 ; defender absent ; 18 s. expenses. 

Eodem die decerns Thomas Uns, portioner of Lessudden, 
alias Laird, to pay to Robert Mein, elder, portioner and 
mason in Newsteid, 61. 7 s. 5 d. as the price of 5 little 
fulls of bear at 6 1. 3 s. 4 d. the boll, and 5 little fulls and 
a little peck of pease, same price, bought 2 years ago by 
pursuer from defender and paid for, with 4 s. for carrying 
it home, but which is as yet undelivered ; defender 
absent ; 12 s. expenses. 

Eodem die decerns John Andersone, portioner of Ridpeth, 
alias ' Jeanes Johne,' to pay to James Milne in Melrose 
4 1. disbursed by him to Andrew Phaupe, ofi&cer in Melrose, 
for jailor fee for the defender, imprisoned at instance of 
George Scott, surgeon, in January last, of which defender 
promised relief ; defender absent ; 8 s. expenses. 

Eodem die decerns Janet Riddell, portioner of Lessudden, 
to pay to John Patoun there 33 s. 4 d. as the price of a 
wedder hog of the pursuer's taken away by her in January 
last ; defender absent ; expenses 4 s. 

Eodem die decerns John Davidsone, portioner of Blainslie, 
to pay to Helen Fletcher at Ersiltoun 5 1. as balance of 
7 1. borrowed from her ; referred to defender's oath, who 
deferred to pursuer, who deponed affirmative ; supersedes 
extracting till pursuer find caution to answer defender 
as law will ; expenses 10 s. 

Eodem die decerns Edward Rolmanhous, portioner of 
Blainslie, John Wallace there, Agnes Rolmanous there, 
Margaret Turner there, Agnes Hardie, James Sownhous, 
John Sownhous, James Rolmanous, elder, and William 
Greive there, and William Cranston in the Roan, possessors 



DECREE FOR TEINDS 125 

and occupiers of the town and lands of Blainslies, crop 
1664, to pay to Mr. John Scot of Longshaw their teind 
duty, crop 1664, as follows, viz. Edward Rolmanhous 
35 1. 17 s. 7 d, principal, 5 merks expenses ; John Wallace 
501. 15s., 51. expenses; Agnes Rolmanhous 31 1. lis. 7d., 
3 1. expenses ; Margaret Turner 8 1. 12 s. 3 d., 16 s. ex- 
penses ; Agnes Hardie the same ; James Sownhous 
25 1. 16 s., 50 s. expenses ; John Sownhous 42 1. 2 s., 4 1. 
expenses ; James Rolmanhous elder, 16 1. 9 s., 30 s. ex- 
penses ; William Greive 19 1. 13 s. 4 d., 36 s. expenses ; 
William Cranston 51 1. 13 s. 4 d., 5 1. expenses ; defenders 
all absent. 

Eodem die decerns James Waugh in Melrose either to 
redeliver to Andrew Stenhous, servitor to William Wallace, 
merchant there, ' ane seek ' borrowed by him from Wallace 
in September last ' to carie fruit in to Kelso,' or pay 30 s. 
Scots as the price thereof ; defender denied, and pursuer 
proved by depositions of George Pringle and Thomas 
Mairton in Danzielton ; 4 s. expenses. 



Melrose, 6 May 1665 ; Gideon Jackson. 

Which day decerns John Stobo, indweller in Apletrie- 
leaves, to pay to Mr. John Scot of Longshaw 4 s. for the 
multure of half a boll of humblecorn abstracted from 
Longshaw mill since Martinmas last ; referred to defender's 
oath, who deponed he abstracted only the above. 

Eodem die decerns William Carnecroce of Allanshawes 
to deliver to James Moffet, portioner of Threipwood, 60 
loads of muck wrongfully taken away by him from the 
pursuer in April and May 1662, or pay 1 s. per load, extend- 
ing to 3 1. ; also 10 s. as balance of price of timber bought 
from pursuer. Referred to defender's oath, who con- 
fessed 10 s. for the wood, and deferred as to the muck to 
the pursuer's oath, who deponed affirmative ; decerns 
1 s. for each load, and modifies 6 s. expenses. 

Eodem die decerns John Lowrie, servitor to John 



126 MELROSE REGALITY RECORDS 

Trotter in Easterhousebyre, to pay to Andrew Merser 
' Pool! ' 4 1. for grass maill of 18 sheep ' grassed ' by 
pursuer to defender ' in the Lairds land,' 1664. Defender 
confessed ' he put 15 hogs to the persewer, quho promised 
to winter them and yet neglected them so that he was 
forced to fetche thame,' which defence was repelled ; 
8 s. expenses. 

Melrose, 20 May 1665 ; Gideon Jackson. 

Which day decerns James Gastoun in Lessudden and 
James Archibald there to pay to James Pringle in Ersiltoun 
and John Thomsone there, as follows, viz. Gastoun to 
pay 10 s. for waters, 10 s. for ale, and for ' a fou a pease ' 
received by him on said James Pringle's account 1 1. 3 s. 4 d., 
and for a stack of peats received by him from James Tait 
in Fans upon Pringle's account ' and remaines ' 26 s., 
extending to 31. 9 s. 4 d. ; and Archbald to pay to 
Pringle for waters 48 s. and to pay to Thomsone 30 s. for 
' sparrs ' bought by him ; defenders absent ; modifies 
7 s. expenses to be paid by Gastoun to Pringle, and 4 s. 
by Archbald to him, and 4 s. by Archbald to Thomson. 
[This entry crossed through, and note on margin, ' Stopped, 
vide 1 July 1665.'] 

Eodem die decerns John Hoy in Galtonsid, as principal, 
and William Bell and William Hoy, portioners there, his 
cautioners, to pay to James Pringle of Yair 4 1. due by 
John Hoy to pursuer for fruit bought in September last ; 
defender absent ; 8 s. expenses. 

Eodem die decerns John Hall, portioner of Threipwood, 
and Lizzie Hall his daughter, widow of Robert KJnicht 
there, and executrix to him, to pay to Andrew Wood, 
burgess of Lauder, as follows, viz. John to pay 9 1. for a 
boll of oats and 15 s. remaining of the price of another 
boll of oats, bought by him from pursuer in March 1664 ; 
and Lizzie to pay 9 1. for a boll of oats bought by her 
deceased husband in March 1664 ; defenders absent ; 18 s. 
expenses payable by each. 



SCHOOLMASTER'S STIPEND 127 

Eodem die decerns James Mein in Westerlonglie to deliver 
to George Dewar in Colmeslie a boll of oats bought by him 
from deceasedWilliam Fishar, younger, portioner of Darnick, 
who directed pursuer to get same from William Williamsone 
in Galashiels, who sent him to defender to get the same, 
and who accordingly delivered a boll of oats to pursuer, 
who received them in his own sack and set them up in 
defender's barn, and now after the death of said William 
Fisher refused to deliver the oats to the pursuer ; defender 
confessed he delivered the oats at Williamson's direction, 
' but the said William to whom he had sold them had 
taken them againe, and which ware yett standing in his 
barne.' 

Eodem die decerns John Maxwell in Melrose, as cautioner 
for John Tailleor in Midlim, to pay to Patrick Bulman in 
Moxpople 35 s. as balance of price of sheep bought by 
Taylor from the pursuer before Martinmas last ; defender 
confessed becoming cautioner ; 4 s. expenses. 

Eodem die decerns Andrew Pringle in Hagburne, John 
and Robert Leyes in Whytlie, to pay to Mr. John Brown, 
schoolmaster at Melrose, 41 s. as remainder of the stent 
imposed upon them for the schoolmaster's ' stipend ' from 
Pasch 1663 to Pasch 1664, and 5 1. 10 s. as their proportion 
of the stent imposed upon the parish of Melrose for the 
same, Pasch 1664 to Pasch 1665, extending in all to 7 1. 11 s. 
Defenders absent ; 14 s. expenses. 

Melrose, 27 May 1665 ; Gideon Jackson. 

Which day absolves George Haistie and Patrick 
Bulman, tenants in Moxpople, from action by Anthony 
Murray for himself and Margaret Ker his spouse, liferentrix 
of the lands of Moxpople, against them for 3 bolls bear 
of their ferme, crop 1663, at 9 1, the boll, inde 27 1. ; 
defenders compeared by William Kirkwood their pro- 
curator, and alleged they had disbursed 23 J. s. 1 d. ' for 
the saids persewars ther land rent ' to the collector of .the 
shire, conform to discharges, 1648, and that the 3 bolls 



128 MELROSE REGALITY RECORDS 

bear claimed by pursuers extended only to 16 1. 10 s. 
conform to the Candlemas fiars, 1663 ; but John Bunzie, 
procurator for pursuers, answered that same was paid for 
maintenance in 1648, at which time deceased James Came- 
croce, first husband of said Margaret, was living, whose 
heirs and executors alone were liable to relieve defenders 
thereof. Bailie being advised absolves, and ordains 
defenders to have allowance of 6 1. 10 s. 1 d. from pursuer 
off next year's ferme, being superexpended in that 
amount. 

Eodem die decerns and ordains James Riddell in Lilslie 
' to cause mak his yaird dyks being the southemost and 
outmost in Melrose fenseable, swa tnat John Maxwell, 
portioner ther, William Wallace, merchand, and John 
Penman, his nightbours, may be harmeles and skaitheles, 
within terme of law under the paine of ten merks Scots by 
and attour the fulfilling of the premises.' 

Eodem die decerns Thomas Bichet, herd, to pay to 
Adam Lythgow, weaver in Melrose, 2 merks as the price of 
a wedder hog delivered to him to keep, and which he 
suffered to be worried ; defender confessed he received 
the sheep and declared ' he could not hinder the worr[y]ing 
of the hog.' 

Eodem die decerns John Broun, indweller in Melrose, 
to pay to Thomas Mar, portioner there, 5 t. 10 s. of house 
main, Whitsunday 1664 to Whitsunday 1665, and 26 s. for 
an ell of liaen ; defender absent ; 13 s. 4 d. expenses. 

Eodem die decerns John Uns, maltman in Lessudden, 
and James Archbald there, to pay to John Coitt, portioner 
there, the former 52 s. as balance of price of bear bought 
from pursuer in 1662, and latter 5 1. 15 s. as balance of price 
of malt bought 3 or 4 years ago ; defenders absent ; Uns 
to pay 4 s., and Archbald 10 s. 

Melrose, 10 June 1665 ; Gideon Jackson. 

Which day absolves Andrew Kennedie, portioner of 
Darnick, from action by Thomas Gray in Lillieslie against 



' BOARDING OF ANE CHILD ' 129 

him for 2 years' annualrent of 80 1., being 4 L 16 s. yearly, 
inde 9 1. 12 s. ; referred to defender, who deponed negative. 

Eodem die decerns Andrew Hietoun, portioner of Darnick;, 
to pay to George Hownham in Melrose 17 I. 10 s. for bear 
bought by Thomas Wright in Caldsheell from Hownham, 
for which Hietoun became cautioner ; defender confessed 
becoming cautioner ; 34 s. expenses. 

Eodem die absolves Elspeth Vaitche in Galtonside from 
action by Jean Laidlaw in Bowhill for 12 1. ' for keeping 
and boarding of ane child of hers for the spaice of ane yeir 
5 or 6 yeares [ago] or therby ' ; referred to defender, who 
deponed ' that shoe never promised payment to the 
persewer nor non of hers.' — (' This sould not be booked 
quhill the 1 of July 1665.') 

Eodem die absolves George Merser, portioner of Darnick, 
from action by Andrew Chisholme, portioner there, who 
is heritably infeft in 6 acres of land in Darnick, ' to whiche 
perteanes ane daUl of land and a halfe daill in the Croice 
and the halfe of the headrig lyand in the Byremeidow, 
which ware possest be his predicessors as is notourlie 
knowne,' yet Merser wrongously laboured and possessed 
the same and refused to give possession or pay the rents 
and duties. Defender offered to prove that he and his 
predecessors have been in actual and uninterrupted 
possession of the ground controverted beyond memory 
of man, at least for 40 years, and adduced witnesses (not 
named), who proved the same clearly. 



' Curia dicte regalitatis de Melros tenta in aula ejusdem 
per dictum Gideonem Jacksone, the Earle of Hadinton 
and his Lady and Mr. John Drumond of Meginshe 
being present, 26 day of June 1665 ; curia legittime 
affirmata.' 

Which day decerns all and sundry the feuars in Melrose- 
land liable in payment of kain fowls to the Earl of Hadinton 
either to carry and transport their kain fowls to Tynning- 

vor.. II. I 



130 MELROSE REGALITY RECORDS 

hame at their own expenses or pay in composition therefor 
yearly to the Earl or his factors and Chamberlains the 
sums following, viz. 6 s. 8 d. for each capon, 5 s. for each 
hen, ' and fourtie pennyes for ilk kaine foull in Darnick 
allanerlie,' at the accustomed times, and that for rests 
1664, this year 1665, and in time coming ' dureing the said 
Earle of Hadintones pleasure ' ; the Earl always allowing 
18 s. Scots to the feuars for carrying and transporting 
every 30 kain fowls to Tyninghame. 

Eodem die complaint by William Edgar, portioner of 
Melrose, for himself and the rest of the feuars of the 
Annay of Melrose, against all and sundry the inhabitants 
of Melrose and Danzielton, who ' by yearlie layeing in of 
ther lint in the river of Tweid at that pairt therof wher 
the water wall for defence of the Annay is, doeth dilapidat 
and demolishe the said water wall, to ther great prejudice 
and losse, and onnawayes will forbeare to doe the samyne ' 
unless compelled. ' Which complent the said Earle of 
Hadinton haveing heard seine and considered and being 
ryplie and weill advised therwith, fynes and amerciats 
everie persone that sail at any tyme heirefter lay ther 
lynt in the river of Tweid at that pairt therof wher the 
forsaid waterwall is, in the sowme of five merks Scots 
for ilk contraventione toties quoties.' (Signed) Hadinton. 

Melrose, 1 July 1665 ; Gidon Jackson. 

Which day decerns Michael Gibsone in Melrose to pay 
to William Kirkwood, notary in Melrose, 58 s. of principal 
and 5 s. 8 d. expenses due by Gibson to Alexander Lythgow, 
fiar of Drygrange, and arreisted for the like sum due by 
decreet, 28 January last at Kirkwood's instance against 
Lythgow ; Gibson confessed owing 4 1. to Lythgow, and 
Lythgow being absent is held as confessed. 

Eodem die decerns Agnes Riddell in Eildoun to pay to 
Andrew Mein, mason in Newsteid, and Agnes Cochrane 
his spouse, 4 1. 10 s. 6 d. for half an ell of linen, 5 s. for half 
an ell of harden, 5 s. for a peck of bear, 12 s. for a pair of 



JAILOR FEE 131 

«hoes, and 10 s. for a pair of white hose, inde 6 1. 8 s. for a 
term's fee, Whitsunday 1665 to Martinmas next, for which 
they hired the said Agnes Riddell, who refused to enter 
home to her service conform to agreement ; defender 
absent ; 13 s. 4 d. expenses. 

Eodem die decerns John Rodger, portioner of Ridpeth, to 
pay to John Dicksone in Ersiltoun 10 1. of fee, Whitsunday 
to Martinmas 1662 due to him by deceased John Rodger, his 
father ; defender absent ; 20 s. expenses. 

Eodem die decerns James Wauche in Melrose to pay to 
Agnes Mein, wife of James Mein, smith in Newsteid, 
4 !. 16 s. 8 d. for meat and drink furnished to him, except 
36 s. which he promised to pay for Thomas EiUies, wright ; 
defender absent ; 9 s. expenses. 

Eodem die absolves Thomas Gray in Lillieslie and John 
Leitheid in Melrose, his cautioner, from action by Andrew 
Kennedie, portioner of Darnick, against them for 2 merks 
yearly for 4 years (' except ane merk ') for the ' benefite 
of twa aikers of his land in Darnick ' conform to promise ; 
defender denied, and pursuer referred to his oath, who 
deponed negative. 

Eodem die decerns John Andersone, Wester, portioner 
of Ridpeth, to pay to Andrew Phaupe, officer of Melrose, 
71. 6 s. 8 d. of jailor fee for 22 days, from 8 April to 1 May 
last ; defender absent ; 14 s. expenses. 

Eodem die decerns James Gastoun in Lessudden and 
James Archbald there to pay to James Pringle in Ersiltoun 
and John Thomson there as follows, viz. Gastoun to pay 
to Thomson 8 s. as balance of 30 s. for ' sparres,' and 20 s. 
to Pringle as resting for a stack of peats bought by him 
from James Tait ; and Archbald to pay to Pringle 48 s. 
for waters. Gaston, present, ' deponed affirmative,' and 
Archbald, absent, is held as confessed ; modifies 1 s. for 
each 1 1. as expenses of plea. 

Retour {in Latin) of the special service of Thomas 
JIaistie to his great-grandfather George Haistie, portioner 



132 MELROSE REGALITY RECORDS 

of Maxpopell, in one and a half quarters of land with perti- 
nents of the 5 merk lands of Maxpopell, now worth yearly 
25 s. Scots, and held of William Cairncroce of Calsheill in 
fee and heritage for yearly payment of 4| bolls of ' leipit 
meill ' (cummilat. farince) and 4| bolls of bear, with 4J 
capons, good and sufficient merchandise, Melrose measure, 
payable the said victual between Yule and Candlemas, 
and the capons between Easter and Whitsunday, and the 
heirs of the said George Hastie paying the first year of 
their entry Ij bolls meal (frumenti) and 1| bolls bear 
(hordei) in augmentation of the said feu farm ; which lands 
have been in the said superior's hands through nonentry 
since the decease of said George in 1628, being 37 years- 
Dated 1 July 1665, being written by Thomas Wilkiesone, 
notary, clerk of the regality. The members of assise 
are as follows : — George Haistie in Maxpopell, Patrick 
Bulman there, Thomas Stenhouse, portioner of Newtoun,. 
William Ker, portioner there, William Edgar, portioner 
of Melrose, Mungo Donaldsone, portioner there, James 
Ker, elder, there, Adam Lithgow there, Michael Gibson 
there, Thomas Law there, James Meser [sic], portioner of 
Newsteid, John Bunze, portioner there, John Mein, por- 
tioner there, William Fisher, portioner of Easter Langlie,. 
and John Davidsone in Newsteid. 



Melrose, 15 July 1665 ; Gideon Jackson. 

Which day decerns George WUsone, herd in Clackmae,. 
to pay to George Sheill in Kaidsliedoors 3 1. for corn eaten 
and destroyed ' be him ' and comprised to 'ane prick boll 
of oats ' ; also 3 L for a ewe of the pursuer's lost by the 
defender's neglect in 1664 upon the lands of Clackmae ;. 
referred to defender, who deferred to pursuer, who deponed 
affirmative ; 12 s. expenses. 

Eodem die decerns John Rathie, portioner of Melrose, 
to pay to John, Earl of Hadinton, 4 1. 12 s. due by him to 
James Huntar in Jedburgh, and arreisted for payment 
to the Earl of the like sum due by Hunter and Robert- 



TITLES OF ' STAND THE LOANE ' 133 

Maxwell, his author, of bygone feu duty for a half tenement 
of land and yard in Melrose sometime pertaining to said 
Robert Maxwell and now to said John Rathie ; defender 
absent ; 8 s. expenses. 

Eodem die decerns James Carnecroce, portioner of 
Galtonside, to pay to John, Earl of Hadinton, 64[1.] 18 s. 
due (after accounting) of bygone feu-duties for the acres 
of land in Galtonside possessed by him for Whitsunday and 
Martinmas 1654, 1655, 1656, 1657, 1658, 1659, 1660, 1661, 
1662, 1663, 1664, and 1665 ; defender absent; 6 1. expenses. 

Eodem die absolves Bessie Eiston, now spouse to William 
Robsone in Lessudden, from action by John Bryden, law- 
ful son of Andrew Bryden, narrating that the said Bessie 
and the deceased Mungo Kyll called Easter, her first 
husband, to whom she is executrix, about 10 years ago 
bought from the pursuer some victual, worth 40 1., of which 
he received no payment ; defenders denied, but pursuer 
failed in three terms to prove the charge. 



Melrose, 29 July 1665 ; Gideon Jackson. 

Which day decerns Helen Paton, widow of Mark Kyll 
in Lessudden, to deliver to Isobel Kyll, wife of Andrew 
Sklaiter, portioner of Newsteid, the rights, titles, and 
securities of a house and yard in Lessuden called ' Stand 
the loane ' pertaining to Thomas Kyll, wright in Hadinton, 
brother of said Isobel, and which he has promised to 
dispone to her ; defender absent. 



Melrose, 12 August 1665 ; Gideon Jackson. 

Which day decerns Agnes Mairton, widow of William 
Fisher of M'Quhirrie, to deliver two black oxen pertaining 
to her late husband to Frances Scot, brother german of 
James Scot of Galashiels, in satisfaction of 25 1. of principal 
and 50 s. expenses in decreet, 25 February 1665 obtained 
by him against Fisher ; defender absent. 



134 MELROSE REGALITY RECORDS 

Melrose, 19 August 1665 ; Gideon Jackson. 

Which day decerns Andrew Pringle in Hagburne to- 
pay to George Pringle of Buckholme 40 L for cutting and 
destroying certain trees and greenwood of his in his woods 
of Williamlaw and Buckholme during several years 
past ; defender desired inspection of the summons, which 
is refused, and being enjoined to answer presently he 
denied, but pursuer produced a missive letter from George 
Pringle of Torwoodlie and George Pringle, fiar of Blindle, 
' beareing the agriement maid betwixt the said persewer 
and defender quherby the said defender promised to mak 
payment to the said persewar of the sowme of 40 lib. 
betwixt and midsumer day therefter ' ; modifies 40 s. 
expenses. Defender took instruments and protested for 
legal remedy because the bailie ' absolutelie refuised to 
give him inspectione of the proces that he might give in 
his laufull defenses.' 

Eodem die decerns Patrick Lukup, wright in Melrose, as 
cautioner for deceased William Fisher of M'Quhirrie, to pay 
to James Waughe in Melrose 7 L 10 s. and 32 s. for ' twa 
yocking of land,' which was to be paid at Lammas last ;. 
referred to Lukup's oath, who deferred to pursuer, wha 
deponed affirmative ; expenses 18 s. 

Melrose, 14 September 1665 ; John Ker, portioner of 
Melrose, bailie-depute pro tempore. 

Which day decerns Gideon Jacksone of Lochousses 
to pay to William Edgar, fiscal, 10 1. Scots of fine ' for 
striking and hurteing of Robert Mott, servitor to John 
Bowar, portioner of Eildoune,' on 21 August last ; defender 
confessed he struck Mott ' and that the said Robert did 
never offer to strik at him againe.' 

Melrose, 7 October 1665 ; John Pringle in Williamlaw, 
bailie-depute pro tempore. 

WTiich day absolves George Tailyeor, portioner of 
Blainslie, and Thomas Darling, his son-in-law, wright there. 



• EARNEST FOR A QUEY ' 135 

from action by James Rolmanous, younger, there, who 
and his authors and predecessors have peaceably possessed 
' ane peice of ground befor his door in BlainsHe ' for 46 
years past without interruption, till of late in July last 
the said defenders came and built a turf stack thereupon, 
and the pursuer made his address to Gideon Jacksone, 
bailie-depute, who ordered Andrew Kennedie, officer, 
' to goe and cast downe the said turffe stak,' which he did ; 
yet the defenders came again and ' masterfuUie coast the 
said persewar his turffes away againe and destroyed his 
green kaill, accompanyed with Robert Hendersone, notar 
in Lawder.' William Kirkwood, procurator for defenders, 
denied the charge, and pursuer adduced several witnesses 
[not named], whose depositions fail to prove the com- 
plaint. [In margin is written : — ' Vide 23 June 1666, 
repealled and the contrare done.'] 

Eodem die absolves Patrick Bulman in Maxpople from 
action by Michael Gibsone in Melrose against him, narra- 
ting that on 7 July last defender sold him a ' quey ' for 
8 1. 16 s. and received 30 s. thereof ' in earnest,' but the 
defender refuses to deliver the beast or restore the earnest 
money. Defender denied, and pursuer referred him to 
his oath, who deponed negative. 



Melrose, 14 October 1665 ; Gideon Jackson. 

Which day decerns Adam Darling in Westhouses to 
pay to Helen Edgar in Melrose 8 1. for ale bought from her ; 
defender absent ; 8 s. expenses. 

Eodem die decerns Andrew Olipher in Darnick to pay 
to William Carnecroce of Hilslope 20 merks as the agreed 
price of ' the bark of certaine saughes ' bought in May 
last, payable at Midsummer ; defender absent ; 2 merks 
expenses. 

Eodem die decerns Thomas Law, weaver in Melrose, 
to pay to William Spotswood, portioner of Darnick, 9t. 



136 MELROSE REGALITY RECORDS 

as the price of 3 wedder sheep bought from pursuer in 
October [? last] payable at Martinmas ; defender absent ; 
18 s. expenses. 

Eodem die decerns Andrew Lukup in Danzielton to pay 
to William WUliamsone in Galashiels 9 1. 14 s., and William 
Lukup his son, to pay 7 1. 10 s., as price of timber bought 
by them from pursuer ; William Lukup absent, held as 
confessed ; Andrew Lukup confessed, and alleged the 
pursuer promised him ' twa tries to the bargaine ' ; 
Andrew's expenses 18 s., William's 14 s. 

Melrose, 21 October 1665 ; Gideon Jackson. 

Which day decerns Andrew Kennedie, portioner of 
Damick, to pay to Thomas Cochrane in Newtoun 50 s. 
for cheese bought from pursuer at Lammas 1664 ; referred 
to defender's oath, who refused to depone ; 4 s. expenses. 

Eodem die decerns James Archbald in Lessudden and 
Janet Brotherstones his spouse to pay to David Ruther- 
furd in Templehous 8 1. Scots conform to their Ticket to 
him, 21 December 1664 ; Archbald confessed ; supersedes 
extract till Martinmas next ; 16 s. expenses. 

Eodem die decerns Richard Sklaitter, portioner of 
Eildoun, either to retire from James Eillies of Huntly- 
wood a bond granted to him for 100 merks about 21 years 
ago by John Vair, portioner of Eildoun, Thomas Mein, 
portioner there, Nicol Bowar, Robert Midlemist, Robert 
Mein, younger, Robert Leitham, and James Huntar, 
portioners there, and other feuars of Eildoun, or obtain 
discharges from Eillies of the pursuers' respective propor- 
tions, in regard they have paid the same with the annual- 
rent to Sklaitter to be given to Eillies, which Sklaitter 
confessed, but declared that ' the thrie lands which 
perteaned to William Chisholme and ane to George 
Lawrie and ane to James Bowar ' are yet resting their 
proportions ; reserving therefore action for defender's 
relief at their hands ; 10 1. expenses. 



FINES FOR ASSAULT 137 

" Mr. Robert Maine entered baillie 18 November 1665.' 

'' Curia dicte regalitatis de Melros tenta in pretorio 
ejusdem per Magistrum Robertum Maine de Loche- 
wood, ballivum deputatum dicte regalitatis prepo- 
tenti comiti Joanni Comitis \sic\ de Hadinton 
Domini Binning et Byres ballivi principalis dicte 
regalitatis, decimo octavo die mensis Novembris 
anno 1665 ; curia legittime affirmata.' 

Which day decerns John Davidsone in Newsteid to pay 
to Thomas Law, weaver in Newsteid, 40 s. for which he 
became debtor for Andrew Kennedie, portioner of Darnick ; 
defender absent ; 4 s. expenses. 

Melrose, 25 November 1665 ; James Eillies of Huntlywood, 
bailie-depute 'pro tempore. 

Which day decerns Andrew Fisher of Westerhousebyre 
to pay to William Edgar, fiscal, 50 1. as a fine for striking 
and drawing blood of Andrew Lythgow, son of James 
Lythgow of Drygrange, on 23 November inst., and decerns 
Andrew Lythgow to pay to the fiscal 10 1. for striking 
Andrew Fisher ; Lithgow confessed striking, and declared 
Fisher bled him, which the latter denied, but the fiscal 
proved the same by depositions of Walter Vaitche, Thomas 
Halywall, and William Raynick, and an assise of 15 by 
their foreman, James Ker, elder, found him guilty. Found 
nothing proved against said [sic] Thomas Lythgow. 

Melrose, 2 December 1665 ; Mr. Robert Maine. 

Which day decerns John Mein, maltman in Newsteid, 
to pay and deliver to Robert Bunzie, mason there, 9 bolls 
of bear, Roxburgh measure, due by him to Barbara 
Anderson and John Davidson in Newsteid, her spouse, of 
ferme bear for their lands possessed by him, and arreisted 
in his hands for payment of 32 1. principal, a year's interest, 
and 10 merks of expenses, in Bond by said John Davidson 



138 MELROSE REGALITY RECORDS 

and spouse to said Robert Bunzie, 25 November 1664, regis- 
tered 27 November last ; defender confessed owing 9 bolls, 
payable only at Candlemas 1667, ' quherof John Davidsone 
and his wife was awand him 8 lib.' Decerns as above, de- 
ducting 8 1. and superseding extract till Candlemas 1667. 



Melrose, 9 December 1665 ; Mr. Robert Maine. 

Which day decerns John Davidsone in Newsteid and 
Barbara Andersone his spouse to pay to James Merser,. 
portioner there, 71. 3 s. for a boll of bear bought from him 
in May ; 2 little fulls of bear, 26 s. 8 d. ; 13 s. 4 d. for a 
little full of pease ; 18 s. for straw ; 18 s. of borrowed 
money ; in all 11 1. 4 s. ; defender absent ; 22 s. expenses- 
modern die compeared Margaret Mein, wife of Andrew 
Cairncroce, portioner of Ridpeth, and judicially ratified 
a heritable and irredeemable Disposition of this date, by 
said Andrew with consent of her and John Cairncroce their 
son, to Mr. John Lythgow, minister at Ewes, portioner of 
Ridpeth, and Isobel Scot his spouse, and the survivor, in 
conjunct fee and liferent, and to Thomas Lythgow his 
son, and heirs and assignees, of their two husband lands in 
Ridpeth, reserving a little house and yard. Andrew 
Phaup, notary in Melrose, thereupon took instruments as 
procurator for Mr. John Lythgow. 

Eodem die decerns Janet Leyes in Longshawmill to pay 
to Andrew Hietoun, portioner of Darnick, 10 merks for 
timber bought from him in September last ; defender 
absent ; 13 s. 4 d. expenseij. 

Eodem die decerns John Davidsone in Newsteid to pay 
to Helen Edgar in Melrose 3 1. 7 s. for necessaries furnished 
to him ; defender absent ; 7 s. expenses. 

Eodem die decerns John Davidsone in Newsteid to pay 
to James Edgar in Melrose 5 1. borrowed and also due for 
necessaries furnished to him and his wife ; defender 
absent : expenses 10 s. 



SHEEP DEBTS 13^ 

Eodem die decerns Patrick Riddell, portioner of Les- 
sudden, and Andrew Riddell his brother to pay to James 
Archbald there, the former 8 1. for ale, the latter 6 1 lent 
money ; ' because the said Patrick Riddell being absent 
and the said Andro Riddell being present ' [sic] ; modifies 
'2 s. for everie pund ' of expenses. 

Melrose, 23 December 1665 ; James Eillies of Huntlywood, 
bailie-depute pro tempore. 

Which day decerns Michael Gibsone in Melrose to pay 
to Andrew TurnbuU in Bowdon 12 s. as balance of price 
of sheep bought in 1662 ; referred to defender's oath, who 
deponed he owed only 12 s. 

Eodem die decerns John Leitheid in Melrose to pay to 
said Andrew Turnbull 45 s. as balance of price of sheep 
bought in 1664 ; referred to defender, who deferred to 
pursuer, who deponed positive ; 3 s. expenses. 

Eodem die decerns Michael Gibsone in Melrose to pay 
to Thomas Merser in Faldonside 7 1. 12 s. as balance of 
price of nolt and sheep bought from pursuer at Michael- 
mas last ; defender absent ; 14 s. expenses. 

Melrose, 6 January 1666 ; James EUies of Huntliewood, 
bailie-depute pro tempore. 

Which day decerns Michael Gibsone in Melrose to pay 
to John Greirsone in Clarielaw 15 1. 5 s. as balance of price 
of 8 sheep bought about a month ago, payable within 8 
days thereafter ; defender absent ; 30 s. expenses. 

Eodem die decerns Robert Marr, weaver in Melrose, to 
deliver to William Fisher, portioner of Newsteid, a boll 
of bear due by him to John Davidsone in Newsteid and 
arreisted for payment of 5 i. 14 s. 8 d. principal and 10 s. 
expenses in decreet, 7 October last at Fisher's instance 
against Davidson ; defender confessed a boll, not payable 
till Candlemas 1667, and deducting his public burdens ; 
supersedes extract till that term. 



140 MELROSE REGALITY RECORDS 

Eodem die decerns Michael Gibsone in Melrose to pay 
to Andrew and Bernard Mein in Newsteid 8 i. 11 s. as 
balance of price of sheep bought last Martinmas, to be 
paid within 14 days thereafter ; defender absent ; 30 s. 
expenses. 

Eodem die decerns same to pay to Andrew Raneldsone 
in Darnick 10 1. 4 s. as balance of price of some ewes 
bought last Martinmas, and 8 1. 8 s. resting to deceased 
James Raneldsone his brother for 2 ewes bought at Mar- 
tinmas 1663, and 3 1. as balance of price of a stot and a 
tup ; in all 16 1. ; defender's wife confessed, defender absent 
held as confessed ; 30 s. expenses. 

Eodem die decerns John Lithead in Melrose to pay to 
Thomas Bowie there 11 1. 15 s. as balance of price of 
certain malt bought from pursuer about 3 years ago ; 
defender absent ; 22 s. expenses. 

Eodem die decerns Thomas Law, weaver in Melrose, to 
pay to James Ellies, portioner there, alias Walkerraw, 
9 1. 16 s. as balance of price of a cow bought in October 
last, payable at Martinmas ; defender absent ; 14 s. 
expenses. 

Melrose, 20 January 1666 ; Mr. Robert Maine. 

Which day decerns Barbara Andersone in Newsteid, 
John Davidsone her spouse, for his interest, and John 
Mein her son, to pay to Thomas Lythgow, portioner of 
Ridpeth, 6 bolls of bear, Newstead measure, due by them 
to deceased Isobel Anderson, widow of John Mein in Col- 
donknowes byres [sic\, conform to her Contract of marriage, 
20 May 1643, and that for crop and year 1665 whereto 
said Thomas is assigned by her, 24 August last ; John 
Davidson present propones no defence, rest of defenders 
absent ; 3 1. expenses. 

Eodem die decerns William Maben in Lassuden to 
deliver to Andrew Bulman in Langnewtoun 4 fulls of bear 
owing by him to Andrew and Patrick Riddell for crop 
1665, and Katherine Riddell there to deliver three 



MYLNE i;. LAIDLAW 141 

' Tividaill bolls ' of bear owing by her to them, said crop, 
and arreisted in defenders' hands for part payment to 
Bulman of 300 merks principal, 201. expenses, and interest, 
conform to the Bond by said Andrew and Patrick Riddell 
to him, 26 February 1658, registered in Melrose books 
29 December 1666 [sic] ; defenders absent. 

Eodem die absolves William Laidlaw, portioner of 
Newtoun, from action by William Mylne there narrating 
that deceased John Laidlaw, defender's father, wadset to 
pursuer ' ane quarter of land ther with ane barne and ane 
half yaird ther,' and promised him sufficient security 
therefor, and caused him disburse to George Wallace, 
notary in Melrose, 4 1. for writing the wadset and sasine, 
and to Thomas Gill, miller there, 3 1., to Alexander 
Thomsone in Boudoun 1 1., and 4 1. for half a year's annual- 
rent of 200 merks. Referred to defender's oath, who 
deponed ' he never promised payment of the annualrent 
forsaid to the said per sewer ' [sic], 

Melrose, 27 January 1666 ; Mr. Robert Maine. 

Which day decerns Michael Gibsone in Melrose to pay 
to William Kirkwood, messenger in Melrose, 4 1. for 
' eldine ' bought from him, and 71. 6 s. due by defender 
to James Lambe for sheep bought from Lamb, assigned 
27 January [? inst.] to Kirkwood ; defender denied, pur- 
suer proved first part by depositions of James Lamb and 
John Bell, and the rest proved by James Lamb's oath ; 
11 s. expenses. 

Eodem die decerns Walter Riddell in Bent Milne to pay 
to Alexander Turner in Galashiels 12 1. 18 s. as balance of 
price of 16 bolls of oats bought from pursuer in 1665 ; 
defender confessed ; 24 s. expenses. 

Eodem die decerns John Notman in Colmeslie to pay to 
Thomas Gill, miller in Newtoun, 6 1. 8 s. for meal bought 
at Peace ^ 1664 ; defender absent, held as confessed. 



: Pasche (Easter). 



142 MELROSE REGALITY RECORDS 

with ' the officers assertion that the defender confest the 
debt ' ; 13 s. 4 d. expenses. 

Eodem die decerns Michael Gibsone in Mehose to pay 
10 1. 13 s. 4 d. as price of ' ane blak stot ' bought in October 
last, payable at Martinmas ; defender absent ; 20 s. 
expenses. 

Eodem die decerns WUham Notman in Colmeslie to pay 
to William Wilsone in Langhaugh 51. 2 s. as balance of 
price of ' ane gray meir ' bought at Whitsunday last ; 
defender absent ; 10 s. expenses. 

Eodem die decerns Thomas Law in Melrose to pay to 
Allan Thomsone in Clarielaw 6 1. as balance of price of 
sheep bought in November last ; defender confessed 
41. 4 s. and referred rest to pursuer, who deponed affir- 
mative ; 12 s. expenses. 

Eodem die decerns James Gurlay in Melrose to pay to 
Robert Haljrwall in Darnick 40 s. for broom bought in 
February 1665 ; referred to defender's oath, who deferred 
to pursuer, who deponed affirmative ; 4 s. expenses. 

Melrose, 3 February 1666 ; Mr. Robert Maine. 

Which day decerns Robert Trotter, portioner of New- 
steid, to pay to Thomas Lythgow in Ridpeth 6 bolls of 
bear, Newstead measure, due to Barbara Andersone there, 
John Davidson her spouse, and John Mein her son, of 
ferme bear for their Annay lands, 1665, and arreisted for 
payment of 6 bolls of bear and 3 1. expenses of plea con- 
tained in pursuer's decreet, 20 January last, as assignee to 
deceased Isobel Andersone, against said Barbara, etc. ; 
defender absent. 

Eodem die decerns John Davidsone in Newsteid to pay 
to Mr. James Daes, minister at Ersiltoun, 6 1. ; defender 
absent ; 12 s. expenses. 

Eodem die decerns John Trotter of Easterhousebvre to 



THE FISCAL v. VAIR 143 

pay to Andrew Marr, portioner of Gattansyde, 22 i. 12 s. 
' quhich James Boustoun being adebted to James Shell 1 
in Ersiltoun conforme to his land and the persewer being 
aughtand Jam.es Boustoun the lyk soume promised to 
pay the said James Sheill, therefter the said John Troter 
defender being adebted the lyke soume to the persewer 
promised to pay the samyne to the said James Sheill and 
to have gotten up James Boustouns band with James 
Sheills discharge ' ; more, 4 ' rich ' [? for rex] dollars, 
inde 11 1. 12 s., borrowed by defender from pursuer's wife, 
Katherine Hall ; defender absent ; 3 1. 8 s. expenses. 

Eodem die decerns Isobel Lythgow, goodwife of 
Sorrowlesfeild, to pay to Mr. James Daes, minister at 
Ersiltoun, 92 1. due by her to Hector Sheill in Hogseburne, 
arreisted in part payment to said Mr. James of 156 1. 
principal, 20 1. expenses, and annualrents, in Bond by 
Hector to him, 19 June 1665 ; referred to defender, who 
confessed 92 1. as price of certain lambs bought by her 
from Sheell on 7 July last. 

Eodem die absolves Adam Vair in Newtoun from action 
at instance of William Edgar, fiscal, narrating that James 
Vair, his brother, being herd in Newtoun, in September 
last stole certain sheep oft the lands of Lessudden from the 
feuars and possessors, whereupon the said Adam hearing 
thereof immediately ' braik up the said James Vair his 
brother his chist ' and took forth thereof certain sums of 
money, writs and clothes, which he ought to restore as 
they were and be punished besides. Defender denied, 
pursuer referred to his oath, who deponed negative, and 
declared that he owed his brother only 23 s. and his brother 
owed him 6 I. 

Eodem die decerns Andrew Penman in Melrose to pay 
to James Waughe there 2 1. 8 s. 'for the price of 7 legs of 
mutton ' bought from Waugh at Yule last, and 4 s. for 
' ane axtrie ' which he took away at his own hand ; 
defender confessed ; 2 s. 6 d. expenses. 



144 MELROSE REGALITY RECORDS 

Melrose, 10 February 1666 ; James Ellies of Huntliewood, 
bailie-depute pro tempore. 

Which day decerns John Lithead, portioner of Melrose, 
to pay to Gavin Elliot of Grainge 18 1. for ' certaine 
goods ' bought from him at Martinmas last ; defender con- 
fessed ; 36 s. expenses. 

Melrose, 17 February 1666 ; James Ellies. 

Which day decerns William Frissell, herd in Craiksfurd, 
to pay to Archibald Gibsone in Birkensyde 6 1. as the 
worth of 2 ewes lost to him in 1665 ; referred to defender, 
who deferred to pursuer, who deponed affirmative ; 12 s. 
expenses. 

Eodem die decerns John Davidsone in Newsteid to pay 
to William Denhame in Ersiltoun 11 L contained in Ticket, 
11 June 1665 ; defender confessed ; 22 s. expenses. 

Melrose, 3 March 1666 ; Mr. Robert Maine. 

Which day decerns William Cairncroce of AUanshawes 
to pay to John Watsone in Ladupmoore 6 1. 5 s. for meat 
and drink furnished to him, and 4 1. 5 s. for meat and drink 
furnished to his son Walter, which he became cautioner 
for ; defender absent ; 20 s. expenses. 

Eodem die decerns William Andersone in Ridpeth to 
pay to George Bell there 61. 8 s. of borrowed money 
' and for fooU ' ; ^ defender absent ; 12 s. expenses. 

Eodem die decerns William Forsan in Ridpeth Mill and 
Robert Forsan in Newsteid Mill to pay to Thomas Bowie 
in Melrose 50 merks each, promised by them to him as 
tocher good with Janet Forsan, now spouse to said Thomas 
Bowie; referred to Robert's oath, who deponed affirma- 
tive; William denied, pursuer proved it by witnesses (not 

1 I expect this is fuhie, i.e. manure, not fuel. It occurs under various 
spellings. 



DECREES FOR MELROSE STIPENDS 145 

named) ; supersedes execution for William's share ' untill 
his death.' 



Melrose, 10 March 1666 ; Mr. Robert Maine. 

Which day decerns James Wilkiesone in Threepwood 
to pay to Edward Darling, portioner of Blainslie, 21 1. 
for seven ewes and lambs bought from him on 11 June 
last, to be paid at Martinmas ; defender confessed ; 42 s. 
expenses. 

Melrose, 17 March 1666 ; Mr. Robert Maine. 

Which day decerns John Davidsone in Newsteid to 
pay to James Waugh in Melrose 51. 4 s. for bear bought 
in May ; referred to defender's oath, who deferred to 
pursuer, who deponed affirmative ; 10 s. expenses. 

Eodem die decerns William Denhame, portioner of 
Ridpeth, to pay to Mr. John Scot of Longshaw 31 1. for 

5 bolls and a ' double full ' of bear bought at Martinmas 
last, ' of the price quherof ther was allowed to the said 
William 2 bolls and 2 small fulls malt to the persewer ' 
[sic] ; defender confessed he bought and received the said 5 
bolls and double full of bear at 5 1. the boll ; 3 1. expenses. 

Eodem die decerns the following to pay to Elizabeth 
Strong, widow of David, Bishop of Lesmore, minister 
at Melrose, and executrix to him, as follows, viz., Andrew 
Fisher of Westerhousbyre to pay 18 1. 6 s. 8 d. for his 
part of the stipend of Melrose, Martinmas 1665 ; William 
Fisher, portioner of Easter Langlie, 11 1. 3 s. 4 d. for Whit- 
sunday and Martinmas 1665 ; Jean Huntar there, 22 1. 

6 s. 8 d. for said terms ; William Cairncroce of Hilslope 
11 1. 3 s. 4 d. for Martinmas 1665 ; James Pringle in 
Colmeslie 67 1. for Martinmas 1664 and Whitsunday and 
Martinmas 1665 ; Andrew Cairncroce of Wester Longlie 
17 1. 3 s. 4 d. for Martinmas 1665 ; John Pringle of 
Williamlaw 31 1. 6 s. 8 d. for Whitsunday and Martinmas 
1665. Defenders absent ; expenses, by Andrew Fisher 

VOL. II. K 



146 MELROSE REGALITY RECORDS 

40 s., by William Fisher 24 s., Jean Hunter 44 s., William 
Cairncroce 24 s., James Pringle 6 1., Andrew Cairncroce 
34 s., and John Pringle 3 1. 

Eodem die decerns Nicol Cairncroce of Colmeslie to pay 
to Thomas Watsone in Birkensyde 41. 8 s. as balance of 
price of bear bought ; defender absent ; 9 s. expenses. 

Melrose, 14 April 1666 ; Mr. Robert Maine. 

Which day decerns John Lithead in Melrose to pay 
to John Laidlaw in Danizeltoun 18 I. 10 s. for sheep and 
nolt bought from pursuer last Martinmas ; defender absent ; 
37 s. expenses. 

Eodem die complaiut by John Maxwell, portioner of 
Melrose, heritable proprietor of the following tenements 
and yards, against James Riddell, portioner there, narrat- 
ing that he has two tenements and yards in Melrose lying 
contiguous, between the tenement and yard of William 
Wallace, merchant, on the north, and the said James 
Riddell's tenement and yard on the south, ' and albeit 
by the comon law and practique of this kingdome that the 
south dyk or hedge doeth properlie perteane and belong 
to the yaird one the south syd of the samyne, and that 
the said William Wallace and the haUl remanent neight- 
bours hath the dyk or hedge on the south syde of their 
yairds, as is notarly knowen, nevertheles the said James 
Riddell haveing but one tenement and yaird has most 
masterfuUie dilapidate and taken away the stone dyke per- 
teiQUig to the said John Maxwell on the south syde of his 
yairds and hes planted trees ther, quherby he hes appro- 
priat to himself tua hedges or dyks haveing but one 
tenement and yaird, and hes left the said John non, whoe 
hes tuo tenements and yairds, albeit he stands heritabillie 
infeft and seased therin be the Earle of Hadington as his 
chartour and seasing therof produced beers ' ; craving 
therefore a visitation and report by four neutral and 
trustworthy men. Both parties compeariag, the bailie 
ordained each to nominate two men, and Riddell chose 



CHARGES OF THEFT 147 

Andrew Penman and James Wallace, portioners of Melrose, 
while Maxwell chose Adam Lythgow and Thomas Louckup, 
portioners there, who ' being upon the ground of the said 
dyk or hedge contraverted with the baillie, and being all 
solemlie sworne upon their great oaths fand that it is 
fittest to root out the forsaid dyk or hedge and therefter 
to lyne and equallie pairt the samyne betwixt the saids 
parties, and in the mean tyme fand it fit that James 
Riddell his trees planted within the dyk contraverted 
sould be pulled up betuixt and the 15 day of March nixt 
to come, under the paine of 10 lib.' The bailie interpones 
his authority, and ordains this act to stand as an act of 
neighbourhood between the said parties hereafter. 

Eodem die absolves James Vair, herd in Newtoun, from 
action against him and Thomas Huntar, elder, and William 
Maben, at the instance of Thomas Huntar, elder and 
younger, William Maben, portioners of Lessudden, Andrew 
Unes there, Alexander Jamesone there, Mungo Purves and 
Janet Coit, portioners there, Mungo Gibson and Agnes Paton 
there, narrating that said James Vair stole from them in 
December last as follows, viz. from said Thomas Hunter, 
elder, 6 sheep at 31. apiece; from Thomas Huntar younger, 
2 sheep at 3 1. apiece ; from William Maben 3 sheep at 
same price ; from Andrew Uns 2 sheep at said price ; 
from Mungo Purves 2 sheep at said price ; from Janet 
Coit 1 sheep at 3 1. ; from Mungo Gibsone a ewe at 31.; 
from Agnes Paton 1 sheep, 3 1. ; and had taken the guilt 
on him by fleeing ; and seeing said Thomas Huntar, 
elder, owed said James 50 merks, and 3 terms' interest, 
and William Maben owed 50 merks, and 1 year's interest, 
the pursuers craved reimbursement for these debts for 
the above losses. Andrew Phaupe, ' fiscall,' compearing 
for James Vair, denied the theft of the sheep, and pursuers 
adduced William Ker, 'punder' in Newtoun, John Gill 
there, James and Adam Vair there, who all ' deponed 
negative,' and thereafter John Bunzie as procurator for 
pursuers produced a testificate signed by Thomas Wilkie- 
sone, cordiner, burgess of Selkirk, and John Brewhous, 



148 MELROSE REGALITY RECORDS 

burgess there, ' uplifters of the customes of the horse and 
nolt of the said burgh, beering that they received custome 
from the said James Vair for fyftein sheep sold be him 
upon the morrow efter the Leddie day befor Yuile to 
William Waughe and John Cavers, burgesses of Selkirk, 
dated first of Februar 1666,' together with an instrument 
signed by Andrew Andison, notary in Selkirk, ' beiring 
that Mungo Gibsone in Lassudden came to the presence 
of William Waughe and John Cavers, burgesses of Selkirk, 
and fleshers there, and fand in ther custodie certaine 
sheep skins of severall merks belonging to sundrie persons 
in Lassudden, quhich the acknowledge of [sic] the buying 
of sheep upon the morrow efter the fair day before YuUe,' 
the instrument being dated 14 December 1665 ; with which 
productions the bailie being advised, finds they do not 
prove the charge ; whereupon the said Andrew Phaupe 
as procurator fiscal of the regality took instruments and 
protested that the foresaid sums owing by Hunter and 
Maben to Vair ought to pertain to him, wherewith the 
bailie being advised decerns the said Thomas Hunter 
and William Maben to pay to the Earl of Hadington or 
his fiscal in his name the foresaid sums and annualrents ; 
the said debtors confessing the same. 



Melrose, 28 April 1666 ; Mr. Robert Maine. 

Which day decerns John Troter of Easter Housbyre 
to pay to Andrew Fisher a certain sum (not given) for 
3 bolls of bear bought by him in May last ; 6 1. 12 s. for 
11 lambs ; 10 1. 10 s. 8 d. of lent money; 2 1. * for 10 oxen 
bolls'; 14 s. * for 8 pair shaffts' [?] ; for ' ane fork shaft ' 
1 1. ; in all 30 1. 16 s. 8 d. ; defender absent ; 3 1. expenses. 

Eodem die decerns Thomas Bowie as cautioner for 
Thomas Wright in Calsheells to pay to George Kirkwood, 
messenger in Gallowsheells, 4 1. of principal and 30 s. 
expenses, conform to Ticket by them to him, 21 March 
1666 [sic] ; ticket produced, defender absent. 



DECREE FOR EJECTION 149 

Melrose, 12 May 1666 ; Mr. Robert Maine. 

Which day decerns David Unes in Lassudden to pay to 
George Bald in Bowdoun 12 1. 6 s. as the balance of price 
of a cow bought at Michaelmas last ; defender absent ; 
24 s. expenses. 

Eodem die decerns John Young in ErsUtoun, pretended 
tenant and possessor ' of the cheif duelling houses and 
yairds quhich sometyme perteaned to John Andersone 
alias Laird ther,' lying in the town of Ridpeth, to flit 
and remove therefrom with his family and servants and 
goods, so that William Denhame, merchant in Ersilton, 
and his tenants and servants may enter thereto at Whit- 
sunday 1666 ; and decerns and ordains said William Den- 
hame to possess said John Young at same time in that 
little house and yard in Ridpeth lately possessed by 
deceased Isobel Andersone, mother of the said John 
Andersone ; and each to continue in possession as above 
until the land possessed by them is redeemed by the said 
John Anderson for the sums contained in their respective 
rights. David Denham, son of said William, and Robert 
Young, son of said John, as prociirators for their fathers, 
compeared and consented thereto. 

Eodem die decerns Agnes Haden in Westerlanglie to 
pay to George Priagle of Buckholme 4 1. 10 s. and an ell 
of linen or 10 s., an ell of harden or 6 s., a peck of oatmeal 
or 6 s., extending to 5 1. 12 s., as her fee from Martinmas 
1665 to Whitsunday 1666, because she hired herself with 
him and did not enter his service ; held as confessed. 



Melrose, 26 May 1666 ; Mr. Robert Maine. 

Which day decerns John Troter of Easter Housbyre to 
pay to John Lidderdaine in Kaidslie 10 1, for a cow bought 
at Martinmas last ; defender absent ; 20 s. expenses. 

Eodem die complaint by Alexander Lythgow of Dry- 



150 MELROSE REGALITY RECORDS 

grainge against all and sundry the inhabitants of Melrose, 
Newsteid, Galtonsyde, Ridpeth, and Danzeltoun, who 
daily cut, break, destroy, pull up and ' how ' his green- 
wood, growing trees, whins, broom, heather, and junipers, 
on his lands of Drygrainge and Clackmae; and he asks 
an act of court. The bailie ordains and naodifies 5 L 
Scots to be paid by each of the defenders for each contra- 
vention of this act ' efter cognitione be taken of the 
samyne.' 

Eodem die decerns Thomas Halyburton, smith in 
Galtonsyd, to pay to Thomas Pringle, merchant burgess 
of Edinburgh, 11 1. 1 s. 4 d. as balance of price of iron 
and other necessaries bought ; defender absent ; 22 s. 
expenses. 

Eodem die decerns Mr. Michael Wallace, portioner of 
Melrose, George Wallace, notary there, James Ker, elder, 
there, Robert Young, his son-in-law, there, John Hog, 
weaver, and Isobel Pringle, his mother-in-law, there, 
pretended tenants and occupiers, to flit from that house 
in Melrose called ' the Shoolhouse ' with yard, and that 
other house and yard there sometime possessed by deceased 
Thomas Hill, and that house, ground, and stance thereof, 
sometime possessed by Mr. Robert Broun, schoolmaster 
there, in the town of Melrose, at Whitsunday next, 1666, 
and leave the same void, so that John, Earl of Hadington, 
and his tenants and servants may possess the same. 
James Ker, elder, compearing, declared he had no right 
to the house sometime pertaining to Mr. Robert Bronuj 
rest of defenders absent, held as confessed. 

Eodem die decerns Adam Darling in Westhouses to pay 
to George Pringle of Buckholme 5 1. as a fine for ' braiking 
of the said George Pringle of Buckholme his orchard and 
trees upon the — day of September last ' ; denied, 
pursuer proved by depositions of Gavin Patersone and 
William Broun, who deponed ' they saw him cast stones 
and stiks at the fruit trees and the fruit fall.' 



DECREES FOR TEINDS 151 

Melrose, 2 June 1666 ; Mr. Robert Maine. 

Which day decerns James Lithan in Galtonside to pay 
to Alexander Andersone in Ersiltoun 6 1. 13 s. 4 d. for 
several commodities furnished to him a year ago ; de- 
fender absent ; 12 s. expenses. 

Eodem die decerns Andrew Riddell in Lessudden to pay 
to Andrew Ker of Kippielaw 6 t. as balance of price of bear 
bought a year ago ; defender absent ; 12 s. expenses. 

Eodem die decerns James Waugh in Melrose to pay to 
Adam Aird in Bowdoun 3 i. 10 s. as balance of price of 
sheep bought last Martinmas, and 2 1. for a sack borrowed 
by Waugh from pursuer in 1664 to carry fruit in, which 
he never returned ; defender absent ; 11 s. expenses. 

Eodem die decerns Thomas Wilkiesone, clerk of Melrose, 
to pay to Mr. John Reid and William Elliot, burgesses of 
Selkirk, 71. 3 s. consigned in his hands by Francis Scott 
of Galashiels as the surplus of 2 oxen apprised by the said 
Francis from deceased William Fisher, portioner of Der- 
nick, on 28 August last at 36 1. ; Wilkiesone confessed, 
and thereafter paid the money to Mr. John Reid, where- 
upon absolves. 

Eodem die decerns all and sundry the following to pay 
to Hew HamUtoun, Hew Craig, merchant burgesses of 
Edinburgh, and George Thomsone, messenger, executors 
creditors to deceased Archibald — and Mr. James Thom- 
sone, and John Rodger, writer in Edinburgh, their factor, 
as follows, viz. John Anderson alias Laird, portioner there 
[sic], 38 1. 2 s. 6 d. for the teind duty of 1 J husband lands 
in Ridpeth possessed by him from crops 1662, 1663 and 
1664 ; John Young, elder, portioner there, 81. 4 s. 5 d. 
for teind duty of a husband land in Ridpeth, crop 1665 ; 
William Denhame, merchant in ErsUtoun, portioner of 
Ridpeth, 4 1. 4 s. 9 d. for teind duty of half a husband land 
in Ridpeth possessed by him, crop 1665 ; defenders all 
present, alleged nothing in the contrary ; Anderson to 



152 MELROSE REGALITY RECORDS 

pay 5 merks, John Young 18 s., and Denhame 48 s. of 
expenses of plea. 



Melrose, 9 June 1666 ; Mr. Robert Maine. 

Which day decerns William Merser, portioner of 
Dernick, and Margaret Spotswood, widow there, to pay 
to John Mosse, elder, and Walter Ushar, portioners there, 
7 1. 4 s. as their proportion of bygone feu farms and 
duties for four butts of land as pertinents of 4 acres of 
land in Dernick possessed by them preceding crop 1664, 
whereof Merser is to pay 4 1. 16 s., and Margaret 21. 8 s.; 
also they are to pay 3 1. 12 s. whereof Merser pays 48 s. 
and Margaret 24 s., for the feu farm and duties of the said 
butts, crops 1665 and 1666 ; and Merser to pay 24 s. and 
Margaret 12 s. for the same yearly in time coming during 
non-redemption of the butts of land. Pursuers compeared 
by David Denhame their procurator, and defenders by 
John Bunzie their procurator ; defences repelled because 
of answers and duplies of pursuers ; reserving action of 
warrandice to said William Merser against the heirs and 
successors of the granters of his wadset right. 

Eodem die decerns John Andersone in Ridpeth, alias 
Laird, and Isobel Mein his half-sister, pretended tenants 
and occupiers, to remove from 2 J husband lands in 
Ridpeth, tofts, crofts, houses, and pertinents, and from 
' that sext part and half sixt part of Craighouse,' houses 
and yards and pertinents, which sometime pertained to 
said John Anderson and were sold by him to William 
Denhame, merchant in Ersiltoim, lying in the town and 
territory of Ridpeth, so that Denhame and others in his 
name may enter to possession ; Denhame producing a 
registered Horning at his instance against defender, 
which debars the latter from defending, and Isobel Mein, 
being absent, held as confessed ; supersedes extract 
till Thursday next that the pursuer produce his sasine, 
before which time the defender should produce a suspen- 
sion, failing which, decreet to be extracted. 



ROLMANOUS v. TAYLIOR 153 

Eodem die decerns Mungo Donaldsone in Melrose to 
pay to Andrew Penman there 41. 6 s. 8 d. for 11 yoking 
of land tilling to the said Mungo at 6 s. 8 d. ' ilk one ' ; 
defender absent, pursuer deponed ; 7 s. expenses. 

Eodem die decerns Andrew Penman, portioner of Melrose, 
to pay to Mungo Donaldsone, portioner there, 21. 8 s. 
' for enterteanment of his wyfe shoe being seik when he 
was absent,' also 21. 8 s. lent to himself and given to 
John Hog in Dryburgh for cures to his mother ' when 
shoe was seik, at his directione ' ; pursuer referred to 
defender's oath, who deferred to him, and pursuer deponed 
affirmative ; 5 s. expenses. 



Melrose, 16 June 1666 ; Mr. Robert Maine. 

Which day decerns James Waugh in Melrose to pay to 
Janet Mein, widow there, 24 1. 3 s. 4 d. in name of his 
brother William Waugh, ' quherof he promised to releeff 
hir at his brothers hand for the maill of hir duelling house 
in Melros.' Defence ' that shoe promised the forsaid 
maill to him sence the tak,' repelled. 



Melrose 23 June 1666 ; Mr. Robert Maine. 

Which day action by James Rolmanous, younger, 
in Blainslie, against George Taylior, weaver, portioner 
there, and Thomas Darling, wright there, his son-in-law, 
narrating that he is in possession of a little house and yard 
in Blainslie ' with that peace of ground or turffe stak 
steid lyand befor his door and pendicls of the samyne,' 
lying within the town and territory of Blainslie, conform 
to his infeftment, and his predecessors and authors dwelt 
therein and possessed as above, by labouring the same 
' and bigging of turffes and peits upon the forsaid turfe 
stak steid or peace of ground as ane speciall part of the 
forsaid house and yaird in all tyme bygaine past memorie 
of man and without interruption,' until on — July last 
the defenders for some unknown reason came to the 



154 MELROSE REGALITY RECORDS 

said piece of ground and built a turf stack thereupon ; 
about which he complained to Gideon Jackson of Lochouses, 
then bailie-depute, who ordered Andrew Kenidie, officer, 
to cast down the stack and repossess the pursuer in the 
ground. This he did, yet the defenders came thereafter 
accompanied by Robert Hendersone, notary in Lauder, 
and cast down the pursuer's turves, and persevere still 
in their illegal conduct, ' tending to apply the said persewer 
his propertie to some particular use and comoditie of their 
oun,' whereas they had never right thereto before. 
Pursuer compearing personally, with John Bunzie his 
procurator, and defenders compearing, with George 
Wallace, notary in Melrose, their procurator, the bailie 
with consent of parties appointed John Pringle, John 
Thin, John Stirling, John Sounhous, Edward Darling, 
George Sheill, John Greive, and Edward Rolmanous, 
portioners of Blainslie, to visit the ground and report, 
who reported and deponed upon oath that the pursuer 
' had allwayes the possessione of the forsaid turfe stak 
steid and was never trubled nor interrupted therin tUl 
untill Lambas last ' ; and the defenders craved that 
decreet might not be extracted till James Rolmanous, 
elder, George Davidson, and John Darling in Blainslie, 
and the said John Pringle and Edward Rolmanous, ' who 
best knew the veritie in the said mater,' were examined, 
who deponed ' that the said James Rolmanous persewer 
was allwayes in possessione of the forsaid turfe stak steid 
contraverted, and was never questioned therin untill 
Lambas last, but knowes not to whom the propertie of 
the ground belonged ' ; whereupon the bailie finds and 
declares that the defenders have done wrong in interrupt- 
ing the pursuer's possession, and decerns and ordains them 
to desist therefrom in time coming, under a penalty of 
20 1. for each contravention. [Decreet extended in full.] 

Eodem die decerns Michael Fisher, portioner of Darnick, 
and Andrew Heitoun, portioners there, to pay to ' the 
remanent fewars of the toun of Dernick ' as follows, viz. 
Fisher, for his 6 acres of land called Congiltouns haugh. 



SUNDRY DECREES 155 

7 s., and his 7 acres in Braidmidowes 1 1. 3 s. 8 d., and his 
acre called Bessie Reid's aiker 11 s. 10 d., and his acre 
called Sunysyde and Newyairds 17 s. 9 d., and that for 
his proportion of the first term's taxation imposed upon 
the lands of Darnick granted to his Majesty in August 
1665 ; and Heitoun to pay to them 1 1. 9 s. 7 d., as his 
proportion thereof for his ' 6 aiker coatland and ane aiker 
called Smyths Croft ' ; defenders absent. 



Melrose, 30 June 1666 ; Mr. Robert Maine. 

Which day decerns William Denhame, merchant in 
Ersilton, to pay to James Rodger 23 I. 3 s. 4 d. as balance 
of price of 14 bolls of bear bought at Candlemas last ; 
defender confessed ; 26 s. expenses. 

Eodem die decerns William Livistoun in Blainslie to 
pay to George Adenstoune in Chappell 3 1. as price of half 
a boll of malt bought at Candlemas last ; defender absent ; 
6 s. expenses. 

Eodem die decerns Mungo Donaldsone in Melrose to 
redeliver to John Davidsone in Ersiltoun a black mare 
worth 40 1. and a ' cotteren ' worth 4 1. in as good condition 
as when he despoiled him thereof on 18 June, and pay 
6 s. 8 d. for every day's hire of the mare, also 10 s. for meat 
and drink resting by him, and 10 1. of fine, and to remain 
in prison till he pay ; defences repelled. 

Eodem die decerns Janet Purves in Lessudden to enter 
to the service of James Lockie in Mertoun till Martinmas 
next conform to agreement, or else pay 5 1. of fee which he 
was to give her ; defender alleged she gave him over 40 
days before the term, and referred to his oath, who deponed 
negative, ' and denyed that ever shoe gave him over or 
ever his wyfe did signifie any sutch thing [to] him.' 

Eodem die decerns Thomas Lythgow, portioner of 
Ridpeth, as tutor to the executors of deceased James 
Lythgow of Drygrange, to pay to John, Earl of Hading- 



156 MELROSE REGALITY RECORDS 

toun, 24 1. 9 s. due by said executors to James Cairncroce 
in Galtonsyd ' of bygaine fies,' and arreisted for a greater 
sum due by Cairncroce to the Earl ; referred to Thomas 
Lythgow's oath, who confessed. 



Melrose, 6 July 1666 ; Mr. Robert Maine. 

Which day decerns George Cairncroce, servitor to 
John Troter of Easter Housbyre, to deliver to John 
Scot in Galtonside a bed bought by him from said George 
on 1 June last at agreed price of 7 1. 6 s. 8 d., whereof he 
gave him 33 s. in earnest and was to pay to Walter Waitch 
3 1. at delivery of the bed ; defender absent ; 12 s. 
expenses. 

Melrose, 14 July 1666 ; Mr. [Robert] Maine. 

Which day decerns James Gaimer in Ridpeth, pre- 
tended tenant and occupier of a half husbandland in 
Ridpeth, to remove, and permit Jean Cairncroce, widow 
in Ridpeth, and John Andersone her son to enter to 
possession ; defender denied he gave over the said land, 
but pursuers referred to his oath, who deferred to the oath 
of Jean Cairncroce, who deponed he gave over the land. 
' Therefter shoe declaired that quhat grass he wanted he 
sould have.' 

Modem die decerns William Hunter in Ridpeth to pay 
to Margaret Maiben in Galtonsyde 4 1. 10 s. for a half 
year's service wrought by her to him about 6 years ago ; 
referred to defender, who deferred to pursuer, who deponed 
affirmative ; 12 s. expenses. 

Melrose, 21 July 1666 ; Mr. Robert Maine. 

Which day decerns Andrew Cairncroce, portioner of 
Ridpeth, to pay to James Rodger there 8 1. 15 s. 8 d. of 
borrowed money and for certain necessaries furnished by 
said James to him ; defender confessed ; 17 s. expenses. 



MARR V. LYTHGOW 157 

Eodem die decerns James Mein in Yeildoun to pay to 
John Penman in Melrose 8 1. due by him to Bartholmie 
Mein and arreisted by said John in part payment of 16 1. 
principal and 5 merks of expenses in Bond, 16 December 
1661, registered 28 May last, by Bartholmie Mein to him ; 
defender absent. 



Melrose, 4 August 1666 ; Mr. Robert Maine. 

Which day decerns Alexander Lythgow of Drygrainge 
to pay to Andrew Marr, portioner of Gattansyde, 28 1. 
as price of 6 bolls of oats bought at 4 1. 13 s. 4 d. the boll 
at Lammas 1665, payable at Michaelmas thereafter ; 
also a four gallon barrel of ale at 10 s. 8 d. the gallon, 
inde 42 s. 8 d. Defender confessed he bought and received 
them at his father's direction, and thereafter denied the 
bargain, alleging he bought only the oats at his father's 
command and for the use of his father's house and that 
his father's executors ought to pay them ; pursuer adduced 
as witnesses Thomas Boustoun in Galtonside, who deponed 
' that they ware bloking anent the oats lybelled but did 
not agree be 2 s. ilk boll ; Thomas Mill in Drygrainge, 
who deponed ' negative as to the barken [sic] making, but 
that he receaved the sex bolls oats, being sent be the 
defender, and old Drygrainge the defenders father knew^ ' ; 
Janet Horsburgh, deponed ' shoe was sent be the defender 
to the persewer to sic gif he wold get the oats, and that 
they ware receaved therafter be the said Thomas Milne 
at 41. 12 s. Uk boll, but knew nothing of the bargine 
making,' John Bunzie, procurator for defender, took 
instruments that pursuer renounced further probation ; 
and bailie finds by the defender's own declaration and 
the depositions of witnesses that the oats were delivered 
to the defender, so decerns, reserving action to defender 
against his father's executors ; 3 1. expenses. 

Eodem die decerns Robert Clark in Galtonsyde and 
Thomas Blaikie there to pay to Alexander Lythgow of 
Drygrainge 5 1. each for wrongfully intromitting with and 



158 MELROSE REGALITY RECORDS 

taking away his turves and heather off his ground of 
Clakmae and Drygrainge, thereby contravening an act of 
court made on 26 May last ; defenders absent. 

Eodem die decerns Andrew Penman in Melrose to pay 
to John Shillinglaw in Birkensyde 8 1. 13 s. 4 d. as agreed 
price of ' ane bee skep ' bought from pursuer in harvest 
last ; defender absent ; 17 s. expenses. 

Eodem die decerns Robert Huntar ia Ridpeth enter to 
enter to the service of Mr. John Lythgow till Whitsunday 
1667 conform to agreement made with Isobel Scot his 
spouse, or pay 27 1. of fee and bounty offered him ; 
defender absent. 

Eodem die decerns George Hoy, eldest lawful son and 
heir of deceased William Hoy, portioner of Gattonside, to 
pay to James EUies of Huntlywood 100 merks, a year's 
interest, and 10 1. of penalty, with further interest since 
Candlemas 1658, contained in Bond, 23 February 1657, 
by said deceased William Hoy to said James EUies ; bond 
produced, defender absent. 

Eodem die decerns James Mein in Wester Longlie to 
pay to George Pringle of Buckholme 6 1. due by him to 
Agnes Hadden, sometime his servitrix, and arreisted for 
payment of 5 1. 12 s. with 10 s. expenses in decreet by said 
George against said Agnes, 12 May last ; Mein held as 
confessed, being absent. 



Melrose, 8 August 1666 ; Mr. Robert Mame. 

Which day decerns John Scot in Galtonsyde to accept 
from Andrew Mar in Galtonside 3 bolls of wheat bought 
from said Andrew at 11 1. the boll, inde 33 h, which wheat 
he promised to receive ' when the first wind sould blow 
for that effect,' and promised payment at Michaelmas 
next ; defender confessed, and same also proved by 
witnesses [not named] ; supersedes payment till Michael- 
mas next ; 3 1. expenses. 



THEFT OF PEASE 159 



Melrose, 4 September 1666 ; Mr. Robert Maine. 

Which day decerns ' all and sundrie the comes, oats, 
and beer sowen and growing upon the tua husband lands 
and ane halfe husband land in Ridpeth and sext pairt 
and half sext pairt of Craighous, cropt 1666, quhich 
sometyme perteaned to John Andersone ther,' to pertain 
now and in all time hereafter to William Denhame, mer- 
chant in ErsUtone, and ordains said John Andersone and 
James Rodger to desist from meddling therewith ' under 
the paine of 300 lib.' ; reserving action of warrandice to 
James Rodger upon the disposition granted by Anderson 
to him. 



Melrose, 18 September 1666 ; Mr. Robert Maine. 

Which day decerns John Dabsone [? Davsone], ' calsay 
layer ' in Melrose, to pay to Thomas Gray, officer in Smale- 
home, 6 1. 19 s. resting for meat and drink furnished by 
him to defender ; proved by witnesses ; 13 s. 4 d. expenses. 



Melrose, 28 September 1666 ; Mr. Robert Maine. 

Which day decerns Michael Gibsone in Lessudden 
' presentlie to declaire whoe it was that stoU nyne sett of 
pease in September last from of David Richiesone, por- 
tioner ther, his rig in Merik, or utherwayes to remaine 
in prisone ay and quhUl he doe the samyne, or else mak 
payment to the said David of the pryce of the pease 
lybelled ' ; defender denied, pursuer proved ' that the said 
Michaell Gibsone said that if the said David had gone 
west the Langlands gaite quhen he went west the bak 
syde he wold have mett with the last cairtfuU of his peasse.' 

Eodem die decerns George Alexander in Old Melrose 
to pay to Agnes Mertone, liferentrix of Old Melrose, 
111 1. 2 s. 4 d. as his Martinmas maUl, 1666, for the ' tua 
pairt ' of the lands of Old Melrose possessed by him ; 



160 MELROSE REGALITY RECORDS 

defender absent ; supersedes execution till Martinmas 
next. 



Head Court, Melrose, 20 ^ October 1666 ; Mr. Robert 
Maine. 

Which day decerns George Alexander, sometime in 
Easter Langlie, now in Old Melrose, to pay to Andrew 
Smyth, burgess of Lauder, 16 1. in Ticket by said George 
to him, with annualrent from 11 June 1664, the day 
of promised payment ; defender confessed ; 1 1. 12 s. 
expenses. 

Eodem die absolves Agnes Mertone, liferentrix of Old 
Melrose, from action by George Alexander, her tenant, 
who has a tack from her of the two-part of the town and 
lands of Old Melrose for 222 t. 4 s. 8 d. yearly, but who 
complains that after they had transacted together and 
were content to submit to two neutral men what duties 
and maUls he was to pay from Whitsunday 1666 to Lammas 
now past, yet he being in Edinburgh she did pursue him 
before this court and obtained decreet for the said half- 
year's rent. Defender denied, pursuer referred to her 
oath, who deponed negative ' and denyed the forsaid 
transactione.' 

Eodem die decerns David Kyll, smith in Lassudden, to 
pay to Adam Young there 4 1. 4 s. of fee from Whitsunday 
1665 to Martinmas thereafter ; defender absent ; 9 s. 
expenses. 

Eodem die decerns Andrew Fisher of Westerhousbyre to 
pay to Thomas Gray in Melrose 40 s. ' of carriage wage ' 
and 24 s. as price of a fat goose ; referred to pursuer's 
oath, who deponed affirmative ; 8 s. expenses ; and 
absolves Thomas Gray from action by Fisher against 
him ' for ane rex doller alledgit clossed be him in ane 
letter to be sent to Housebyre and lost be the said Thomas,' 
because Thomas deponed negative. 



^ This has been altered from 6th. 



LANGSHAW MULTURES 161 

Eodem die decerns William Anderson, portioner of 
Ridpeth, to pay to Andrew Cairncroee there 23 1. 3 s. 
resting by said William to him conform to his Ticket, 
80 April 1650 [or 1660] ; defender absent ; 3 1. expenses. 

Eodem die decerns Janet Sudden in Lassudden to pay to 
James Coitt there 22 1. 8 s. as price of corn bought from 
him about 12 years ago ; defender absent ; 42 s. expenses. 

' Curia, 6 October 1666.' — Compeared Andrew Ainslie, 
procurator for Mr. John Scot of Longshaw, heritable 
proprietor of the town and lands of Longshaw with the 
mUl, mill-lands, multures, sucken, sequels, knaveship and 
services thereof ' alsewell astricted as uthers,' and produced 
a supplication narrating an act of court of the regality 
of Melrose held at Melrose by James, Commendator of the 
Abbey of Melrose, and John Watsone, portioner there, 
one of the baUies-depute of the said regality constituted 
by deceased Walter Scot of Branxholme, bailie principal, 
upon 17 January 1586, bearing that deceased George Hop- 
pringle, brother-german of deceased James Hoppringle 
of Woodhous, feuar of the lands of Longshaw and mill 
thereof, compeared and produced an act and ordinance 
of court made ' upon the first held court fensed and holden 
at the Abbay of Melros the tenth day of Appryll the yeir 
of God j"i v'' and tuentie seaven yeirs ' by Andrew, Abbot 
Durie, Abbot of Melrose, and convent thereof, and by the 
bailie and his deputes of the lordship of Melroseland ' and 
uthers his lands in the east pairts,' in which court the 
abbot and convent and bailie ratified and confirmed all 
acts and statutes made ' be his predicessors in any tymes 
bygaine preceiding the said date, togither with all uther 
statuts made and ordeaned of the new be the said reverend 
father beirand, item that no tennents, subtennents, coatters 
inhabitants, nor indwellers within the said lordshippe and 
lands, without licence asked and obteaned of them that 
may give it, passe with any of ther cornes, ather of his owne 
comes growand, or that he buyes that come once within 
the freedome of the mylne that he is thirled to, whither 
it be malt, wheat, bear or oats, to any uther mylne but 

VOL. II. I. 



162 MELROSE REGALITY RECORDS 

allenerlie to the mylne that he is deput ordeaned and thirled 
to passe to, under the paine of tynesyle of the comes that 
he caryes for his oune mylne and of the horse that bears 
the samyne, quhilk comes shall be the fermers of the 
mylne that he aught to passe to, and the horse the abbotts, 
and alsua the servand and officer that attatches and 
accusses shall have fortie pennyes of his uther goods for 
the executione of his office, and give any of the mylnes 
of the lordshippe happens throw drouth in summer or in 
frost that they may not gang nether to sheill nor grind, 
that the tennents and persones that are thirled sua long 
as ther oune mylne may not gang shall come with their 
saids cornes quhatsumever to the Abbay mylnes of Melros 
and ther shall grind ther cornes, under the fyne forsaid ' ; 
which act the said lord and bailie-depute foresaid found 
was made for the weal and behoof of the said abbacy 
and the mills ' within the samyne ' and ratified and 
approved the same, and added that if the owner of the 
mill could not get an officer to poind conform to the tenor 
of the old act ' that it should be leisum to him to poynd 
the horse and cornes at his oune hand provyding that 
he bring the horse to my Lord and abbott for his unlaw, 
and alse it was statute and ordeaned that all myllars of 
the mylnes within the said regalitie sould grind the cornes 
of the saids tennents and inhabitants within the samyne 
sufficientlie and give they did otherwayes that the myllars 
should pay to the ouners of the cornes that hes the skaithe 
ther inlaik and skaith at the sight and modificatione of 
tua honest men within the said regalitie or of the mans 
sight that hes the skaithe,' and thereupon the said George 
Hoppringle in name of the said James his brother and John 
Hoy of Colmesliehill asked acts of court. Nevertheless, 
the whole feuars, tenants, subtenants, liferenters, cottars, 
inhabitants, and possessors of the towns and lands lying 
within ' the forsaid respective thirledges ' and astricted 
to the ' saids respective mylnes ' not only wrongfully 
abstract their corn ' alsewell growing as imbrought ' from 
the mills to which they are thirled, but in times of drought 
and frost abstract their corn from the abbey mills of 



LANGSHAW MULTURES 163 

Melrose ; so desires the bailie to interpone his authority 
to the two former acts of thirlage and ratify the same so 
that execution may pass upon defaulters. This supplica- 
tion being read, compeared John Fratter in Longhaugh on 
behalf of the feuars of Appeltrieleaves, and John Thin, 
portioner of Blainslie, on behalf of the feuars of Blainslies, 
and opposed the ratifying of the foresaid acts as regards 
the feuars and inhabitants of the towns and lands of 
Appeltrieleaves and Blainslies, because they offered to 
prove by production of their charters that they were 
infeft * with mylnes and multurs ' since the date of the 
said acts and consequently were not astricted or thirled 
to any mill ; but the pursuer opponed the foresaid acts 
which still stand in full force unreduced and in terms 
whereof the inhabitants of Appelltrieleaves and Blainslies 
liave beyond memory of man brought their corn to the 
mill of Longshaw and paid multure therefor. The bailie 
having considered the reasons and debates finds the fore- 
said acts to stand valid and ratifies and confirms the same, 
but supersedes extracting till 20 October instant against 
the foresaid defenders, who may produce writs till that 
date which shall be received and considered ; but that day 
having come, and the said John Frater and John Thin 
producing nothing ' quhich anywayes could infringe or 
elied the forsaids acts of thirledge,' John Bunzie, pro- 
curator for Mr. John Scot of Longshaw, took instruments 
and protested that the defenders had succumbed in 
probation, and craved extracting, which the bailie allowed. 
' {Nota. — Theextract heirof is dated the sext of October.) ' 



Melrose, 17 ^ October 1666 ; Mr. Robert Maine. 

Which day decerns Robert Cochrane in Lessudden to 
pay to George Bulman, portioner there, 6 1. 13 s. 4 d. as 
price of 6 firlots of oats wrongfully spoiled and taken 
away by said Robert from him off his lands in Lessudden, 
crop 1665 ; defences repelled ; 13 s. 4 d. expenses. 



Sic. Probably correct, but out of order. 



164 MELROSE REGALITY RECORDS 

Eodem die decerns John Lithehead to pay to Andrew- 
Penman 6 1. as price of 3 sheep bought in 1665, also 18 s. 
of borrowed money, also 20 s. ' for tua dayes and a half 
Wright trade,' also 4 s. for ' ane sheeppe skine,' and 6 s. 
for a peck of oats lent by him to his wife, being in all 8 L 
8 s. ; referred to defender, who deferred to pursuer, who 
deponed affirmative ; 17 s. expenses. 

Eodem die decerns William Livingstone in Blainslie to 
pay to John Thin, portioner there, 18 s. borrowed, and 3 I 
for ' ane soumes grasse of sheip ' ; defender absent j 
6 s. expenses. 



Melrose, 3 November 1666 ; Mr. Robert Maine. 

Which day decerns William Notman in Colmeslie to 
pay to William Williamsone in Galashiels 8 1. contained 
in a Ticket ; defender absent ; 16 s. expenses. 



Melrose, 10 November 1666 ; Mr. Robert Maine. 

Which day compeared Robert Mein and John Vair for 
themselves and the rest of the feuars of Eildoune, Adam 
Lythgow and William Wallace for themselves and the rest 
of the feuars of Melrose, Michael Fisher and Andrew 
Chisholme for themselves and the rest of the feuars of 
Darnick, George Hounam for himself and the rest of the 
feuars of Bridgend, William Bell and Andrew Mar for them- 
selves and the rest of the feuars of Galtonsyde and West- 
houses, and James Patersone for himself and in name of 
the rentallers of Danyeltone, and gave in supplication 
narrating and citing Act 17, Session 5, 3d Parliament of 
King Charles i. entitled ' Act for founding of skoolls in 
everie paroche,' dated 2 February 1646, and that notwith- 
standing the stipulations of the said act, William Edgar, 
portioner of Melrose, John Mylne, portioner of Newtoune, 
Robert Mein, portioner of Galtonsyde, and Robert Trotter, 
portioner of Newstead, and other pretended stent masters. 



STIPEND OF SCHOOLMASTER 165 

without appointment by heritors or presbytery, met and 
laid down a stent roll upon the heritors and feuars of the 
parish of Melrose ; and though the petitioners are willing 
to pay their proportions of the schoolmaster's stipend 
conform to the Act of Parliament and their valued rents 
and an act of this court, 19 November 1664, yet Mr. John 
Waughe, present schoolmaster, wrongfully refuses to 
accept of their due proportions, so they crave the foresaid 
' indirect stent roll ' to be declared null and void, and that 
they and the rest of the feuars of the towns of Melroseland 
be decerned to pay to the schoolmaster at Melrose present 
and to come their just proportions conform to valued 
rent and the Act of Parliament. This being read, the bailie 
appointed ' tua men of everie toune ' to meet on Thursday 
next and set down a stent roll upon the said towns for 
payment of the schoolmaster's stipend ; who having met 
appointed the following stent roll, as follows : ' Roll of 
the skooll masters stent, to be payed by the tounes of 
Melroseland efter named conforme to ther old valuationes, 
viz. the toune of Newtoune 2 1. 18 s. 10 d., Eildoune 
1 1. 17 s. 6 d., Newsteid 5 1. 6 s. 2 d., Melrose 3 1. 7 s. 3 d., 
Damick and Bridgend 4 1. 17 s. 7 d., Galtonesyde and West- 
houses 51. 5 s. 4 d., Appelltrieleaves and Longhaugh 
3 1. 11 s. 4 d., Threeppewood and Newhouses 2 1. 19 s. 8 d., 
Blainslies 11 1. 15 s., Danyeltone 11 s. 2 d., extending in 
the haill to the soume of 42 1. 9 s. 10 d.,' which they 
produced on 8 November, when John Bunzie, for the town 
of Newsteid, desired inspection thereof to object against 
the same, and the bailie ordained him and all others 
concerned to see and answer against next court. This 
day compeared said John Bunzie for Newsteid and John 
Thin for Blainslies and alleged that the act desired by the 
supplicants could not be granted because ' the gentlemen 
was not conveined,' who answered that ' they compleane 
not upon the gentlemen ' ; thereafter all agreed that the 
said new stent should hold good for the stipend 1666 and 
henceforth, and that they should subscribe a stent roll 
to the schoolmaster conform thereto. ' Sic subscribitur, 
Andro Chisholme, Andro Mar, Jo. Bunzie, John Vair, 



166 MELROSE REGALITY RECORDS 

John Thin, Andro Phaupe, Thomas Wilkiesone for Nicoll 
Cochrane.' The bailie interpones his authority thereto. 

Eodem die decerns Andrew Riddell in Lessudden to 
pay to James Walker 16 1. as price of 4 bolls of oats bought 
from him about 2 years ago ; defender absent, pursuer 
deponed ; 32 s. expenses. 

Melrose, 10 December 1666 ; Mr. Robert Maine. 

Which day decerns Alexander Lythgow of Drygrange 
to pay to John Ramsay, ' pewderer,' burgess of Edinburgh, 
61. 18 s. as price of ' certaine peuder vessell ' bought from 
him about a year ago ; defences repelled, and pursuer 
referred to defender's oath, who confessed he bargained 
with the pursuer and promised payment ; reserves action 
to defender against his father's executors for repetition ; 
14 s. expenses. 

Melrose, 15 December 1666 ; Mr. Robert Maine. 

Which day decerns John Leitheid in Melrose to pay to 
Thomas Law there 30 s. as price of 30 loads of muck 
bought about a year ago, and 58 s. received by said 
John's wife from said Thomas ' to change,' which she 
still retained ; referred to defender's oath, absent ; 9 s. 
expenses. 

Eodem die decerns Alexander Lythgow of Drygrange to 
pay to Elizabeth Strang, widow of David, Bishop of 
Lismore, 27 1. Scots borrowed by deceased Helen Hay 
his mother from said Elizabeth, and whereof the said 
Alexander, her son, promised payment since her decease, 
and accordingly delivered ' twa stone of ouU ' in part 
payment ; defences repelled, referred to defender's oath, 
who refused to depone, being minor, and thereupon took 
instruments ; held as confessed ; 54 s. expenses. 

Melrose, 22 December 1666 ; Mr. Robert Maine. 

Which day decerns Sara Vaitch in Galtonsyde to pay 
to Isobel Scot, wife of Robert Ker of Faldounsyde, 5 1 of 



STIPEND OF SCHOOLMASTER 16T 

fee, 12 s. for an ell of ' lining,' 6 s. 8 d. for an ell of harden, 
and 1 1. 10 s. for a pair of shoes, extending to 7 1. 9 s. 4 d. 
of fee, from Martinmas 1666 to Whitsunday 1667, or 
otherwise to enter to her service within 8 days ; defences 
repelled ; 11 s. [or 14 s.] expenses. 

Eodem die decerns the feuars of Melroseland to pay 
to Mr. John Waughe, schoolmaster, their proportions 
of his stipend, 1666, as follows : John Mylne and Nicol 
— , portioners of Newtoune, for the rest of the 
feuars, 2 1. 18 s. 10 d. ; John Vair and Robert Mein for 
the rest of the feuars of Eildoune, 2 [sic] 1. 17 s. 6 d. ; 
Andrew Mein, portioner of Newsteid, for the rest of the 
feuars, 51. 6s. 2d.; Andrew Mar and William Bell, for 
rest of feuars of Galtonsyde and Westhouses, 5 1. 5 s. 4 d. ; 
Michael Fisher and Andrew Chisholme, for rest of feuars 
of Darnick, 4 1. 6s. 3d.; George Hownam for rest of 
feuars of Bridgend, 11 s. 4 d. ; Adam Lythgow and William 
Wallace, for rest of feuars of Melrose, 3 1. 7 s. 3 d. ; Andrew 
Darling and William Wilsone, for rest of feuars of Appel- 
trieleaves and Longhaugh, 3 1. lis. 4 d. ; James Mossie 
and John Lythgow, for rest of feuars of Threipwood, 

2 1. 19 s. 8 d. ; John Thin and John Stirling, for rest of 
feuars of Blainslies, 11 1. 15 s. ; James Paterson, for rest 
of the rentallers in Danyeltone, 11 s. [sic] ; extending in 
all to 42 1. 9 s. 10 d. ; and decerns Alexander Lythgow of 
Drygrange to pay 3 1., with 6 s. expenses of plea ; Andrew 
Cairncroce of Colmeslie, 4 1. 6 s. 8 d., with 9 s. expenses ; 
Andrew Cairncroce of Wester Langlie, Wouplaw and 
Newtoun Mylne, 4 1 6 s. 8 d., and 9 s. expenses ; William 
Cairncroce of Allanshawes, 2 1. 8 s., with 5 s. expenses ; 
John Trotter of Easter Housebyre, 11. 4 s. with 3 s. 
expenses ; Andrew Fisher of Wester Housebj'^re, 3 1. 
6 s. 8 d., with 7 s. expenses ; John Pringle of Williamlaw, 

3 1. 6 s. 8 d., with 7 s. expenses ; William Cairncroce of 
Hilslope, 4 1. 4 s. with 8 s. expenses ; Mr. William Wallace 
of Hagbume, 5 1. 10 s., with 11 s. expenses ; William 
Fisher and Thomas Bell of Easter Langlie, 1 1. 10 s., with 
3 s. expenses ; Agnes Mertone, liferentrix of Old Melrose, 



168 MELROSE REGALITY RECORDS 

1 1. 13 s. 4 d., with 3 s. expenses ; as their proportions of 
the schoolmaster's stipend for Whitsunday and Martinmas 
1666. The towns all present confessed, the rest absent 
held as confessed, except Andrew Fisher, who declared 
he would pay conform to the old stent roll, not the new ; 
schoolmaster opponed the stent roll, and the bailie repels 
Fisher's ' alledgeance.' 

Eodem die decerns John Sounhous, portioner of Blainslie, 
to pay to George Turner in Carrelsyde 29 I. Scots conform 
to Ticket, 16 July last ; defences repelled ; 3 1. expenses. 

Eodem die decerns WUliam and Robert Laidlaw in 
Allanshawes, and William Cairncroce, their master, for 
his interest, to pay to George Wallace, notary in Melrose, 
20 1. of principal and 5 merks of expenses due by said 
William Cairncroce to him by Bond, 17 August 1663,' 
registered 13 February 1666, whereupon said George 
arreisted 40 1. in hands of said defenders as due by them 
to Cairncroce ; defenders confessed ' that aither of them 
was resting alse mutch to the said William Cairncroce as 
wold pay the debt.' 



Melrose, 5 February 1667 ; Mr. Robert Maine. 

Which day absolves William Cranstone of the Rone 
from action by William Denhame for 16 1. due by ticket, 
2 March 1666, and 6 1. ' sett doun on the end of the said 
ticket, as the agreed price of certaine merchand waire ' 
bought from pursuer about a year ago ; because defender 
and John Bunzie his procurator produced a discharge, 
13 May 1666, by pursuer to defender for all bygones. 
The pursuer (being minor) alleged that the discharge 
was vitiated in the date, but defender, to whose oath he 
referred, deponed neither he nor any to his knowledge 
had tampered therewith, and so his procurator deponed ; 
and defender also deponed negative as to the items iii 
the unsubscribed account, while pursuer denied that the 
discharge produced was that of the subscribed account. 



GALTONSIDE TRESPASSERS 169 

Eodem die decerns John Gibsone in Melrose to pay to 
Thomas Bell there 51 s. as balance of price of 3 ells of 
' gray,' at 35 s. the ell, bought by David Gibsone from the 
pursuer and for which the said John became cautioner ; 
referred to defender's oath, who deferred to pursuer, who 
deponed affirmative ; 4 s. expenses. 

Eodem die decerns John Davidsone in Newsteid to pay 
to Agnes Middelmist, widow there, 71. 10 s. for ale ' and 
drink ' received from her a year ago ; defender absent : 
15 s. expenses. 

Eodem die decerns John Lowrie in Eildoun to pay to 
James Mein in Newsteid 6 1. as price of a ' quey ' bought 
from pursuer about 5 years ago, and 12 s. for a quarter 
of wool ; referred to defender, who deferred to pursuer, 
who deponed affirmative ; 6 s. 8 d. expenses. 



Melrose, 9 February 1667 ; Mr. Robert Maine. 

Which day decerns William Maben, Katherine Riddell, 
and Andrew Riddell, indwellers in Lessudden to pay and 
deliver to David, Lord Cardross, and Janet and Margaret 
Duncanson, executors to deceased Andrew Duncanson, 
minister at St. Boswells, their father, certain victual 
(as follows) due by them of ferme bear, crop 1666, to 
Patrick Riddell their master, and arreisted for satisfaction 
of 86 1. of principal and 8 merks of expenses in decreet by 
pursuers, 7 August 1666, before the sheriff of Roxburgh, 
against said Andrew [sic] Riddell ; viz. Maben, 3 bolls of 
bear ; Katherine Riddell, 3 bolls and 4 ' mikle fulls ' ; 
Andrew Riddell 3 bolls. Katherine Riddell confessed, 
rest absent. 

Eodem die complaint by Andrew Mar, portioner of 
Galtonside, against all and sundry the feuars and inhabit- 
tants there, narrating act of court, 14 February 1646, 
obtained by his deceased father James Mar against the 
same, that none should make common road or passage 
through his meadow and park in Galtonside where none 



170 MELROSE REGALITY RECORDS 

had been before, under penalty of 40 s., and should not 
cut or remove any trees, broom, etc., growing within or 
about the said park dykes, under penalty of 5 1. ; yet they 
daily and nightly contravene this act and commit these 
offences, to his prejudice. He craves renewal of the act 
in his favour ; which the bailie accordingly grants and 
decerns, under above penalties. 



Melrose, 16 February 1667 ; Mr. Robert Maine. 

Which day decerns Nicol Bowar in EUdon to pay to 
George Merser, ' Laird,' portioner of Darnick, 40 s. of 
bygone annualrent of 100 merks due by defender to Helen 
Ushar, ' spous to the said defender ' [sic] ; defender 
confessed. Absolves from 16 s. claimed by Merser, 
because, being referred to defender's oath, he deferred to 
pursuer, who refused to depone ; 4 s. expenses.. 

Eodem die decerns Robert Cochrane in Lessudden to 
pay to George Bulman there 8 L as price of ' sex stouks 
of bear being ane boll of bear ' pertaining to pursuer, 
growing on a rig of land in Lessudden in which he stands 
infeft, spoiled and taken away by the defender off the 
said rig ; defences repelled, defender ordered to produce 
alleged suspension of the first decreet of removing, but 
failed so to do ; reserving the corn spoiled to the bailie's 
modification, who modified the same to ' three meikle 
fulls beir with the fodder to three pounds 8 s. Scots.' 

Eodem die decerns Thomas Law, weaver in Melrose, 
to pay to Andrew Wallace, weaver there, 30 s. as cautioner 
for James Wauch 3 or 4 years ago ; defender absent ; 3 s. 
expenses. 

Melrose, 2 March 1667 ; Mr. Robert Maine. 

Which day decerns John Lytheheid, portioner of Melrose, 
to pay to John Penman, portioner there, a certain sum 
[unfilled in] modified as of two ash trees and one plum tree 



WESTHOUSES TRESPASSERS 171 

cut by defender in the pursuer's yard in Melrose ; and to 
pay 10 merks to James [sic] Edgar, fiscal, as a fine for 
cutting the trees without pursuer's license ; because 
bailie ordained Adam Lythgow, Andrew Cuik, James 
Wallace and William Edgar, portioners of Melrose, to 
visit and report, who found the trees cut and taken away. 

Eodem die complaint by Robert Pringle of Blindlie 
against all and sundry the feuars and inhabitants of 
Galtonsyde and Westhouses, who daily cut and destroy 
his young timber and trees growing ' within and upon 
the ground of his lands of Westhouses,' and cut and remove 
the broom in the said lands. The bailie ordains and 
decerns the said persons to desist therefrom under penalty 
of 20 1. for each tree cut, conform to Act of Parliament, 
and 5 1. each time they are found cutting broom without 
the owner's licence. 

Melrose, 9 March 1667 ; Mr. Robert Maine. 

Which day decerns John Sounhous, portioner of 
Blainslie, and William Greive in Braidwoodshiell to pay 
to Mr. John Scot of Longshaw, the former 40 1. 11 s. for 
the teind of his lands in Blainslie, crop 1666, and the latter 
19 L 13s. 4d. for teind of the lands of Braidwoodsheill 
and for carriages thereof, said crop ; defenders absent. 

Eodem die decerns John Maxwell in Melrose to pay to 
Grizel Scot, widow of John Fischer of Old Melrose, 11 1. 
as price of 5 ' toops ' bought from pursuer at Michaelmas 
last ; defender confessed 10 1., and remaining 1 1. referred 
to his oath, who refused to depone ; 22 s. expenses. 

Eodem die decerns John Davidsone in Ersiltoune to 
pay to Helen Wauche, wife of James Edgar, younger, 
in Melrose, 10 1. 10 s. for the ' arise ' of certain bear 
bought by the pursuer from the defender ; referred to 
defender, absent ; 20 s. expenses. 

Eodem die absolves James Moffett in Easter Langlie 



172 MELROSE REGALITY RECORDS 

from action by William Fischer, portioner there, against 
him 'anent the plewing and breaking of tua severall 
shotts of land of Eister Langlie perteining to Thomas 
Bell, master to the said defendar and the said persewar, 
to his prejudice/ The bailie ordained James Boustoune 
in Galtonsyde, Robert Freir there, John Halywall there, 
and Andrew Mar there, to visit the shotts and report, 
who reported on 18 February 1667 ' that they part ther 
lie land quhen it lyes out ane yeir with consent of ther 
nightbours, bot for the Eister Langlie nightbourheid they 
know nothing of it.' The bailie ordains William Fisher 
to plough as much land as the defender has done, and there- 
after to part it equally between them, within 14 days 
hereafter, otherwise Moffit to be absolved, and ' heirby 
absolves him from the samen incaice the said persewer 
teill not the said land within the forsaid space.' 

Eodem die decerns Andrew Heitoune, portioner of 
Darnick, to pay in following manner 20 merks owing by 
him to deceased Thomas Wright in Caldsheills, viz. to 
Thomas Bowie in Melrose as cautioner to George Kirkwood 
for the said Thomas Wright, 5 1. 10 s. ; to Andrew Phaupe 
and Andrew Kennedie for their jailor wages when ' he 
was in prisone,' 41.; to John Bunzie, 12 s. ; to Andrew 
Messer, ' Baitsheill,' in Darnick, 2 1. ; defender confessed. 



Melrose, 16 March 1667 ; Mr. Robert Maine. 

Which day decerns William Fischer in Newsteid to pay 
to Thomas Cochrane in Newtoune 2 1. 8 s. as price of a 
' bor of iron ' taken by defender out of James Mylne's 
dwelling house in Melrose ; defende;r absent ; 5 s. expenses. 

Eodem die decerns Agnes Mertone, widow of William 
Fischer of M'Quirrie, to pay to James Mertone, tailor in 
Melrose, either of 21 threaves of bear straw 'with the 
calfe ' or 6 s. 8 d. per threave, and of 10 threaves of oat- 
straw or 4 s. per threave, ' shorne be the said James 



DARNICK PUBLIC BURDENS 173 

Mertone to the said Agnes for the straw therof at Lambas 
last ; also a small full of bear, or 9 s.; defender con- 
fessed. 

Melrose, 23 March 1667 ; Mr. Robert Maine. 

Which day decerns Mark Blaikie in Melrose to pay to 
George Hoy in Galtonside ' ane boll of bear ' bought 
from deceased William Hoy, his father ; defender con- 
fessed. 

Eodem die decerns Michael Fischer and Andrew Heitoun, 
portioners of Darnick, to pay to the burlawmen of Damick, 
present and to come, the former 16 s. 11 d. effeiring to 
his free rent of 110 merks, and the latter 7 s. 7 d. effeiring 
to his free rent of 36 L, as their proportions of the supply 
granted to his Majesty in January last, and all other 
public burdens already or to be imposed, and for relief 
of the town of Darnick ; defenders absent. 

Melrose, 30 March 1667 ; Mr. Robert Maine. 

Which day decerns John Lowrie, sometime in New- 
toune, now in Eildoune, to pay to George Freir, son of 
William Freir in Gallowsheills, 11 1. 10 s. for 10 lambs 
spoiled and taken by defender from pursuer in July 1664, 
with the ' ouU ' thereof ' for the space of tua yeirs ' ; 
proved by witnesses [not named] ; 22 s. expenses. 

Eodem die decerns William Fischer, portioner of New- 
steid, to pay to Thomas Wood in Ersiltone 4 1. for ' plew- 
ing, mucking, and harrowing of tua riggs of land in Ersiltone ' 
4 years ago ; referred to defender's oath, who deferred 
to pursuer, who deponed affirmative ; 8 s. expenses. 

Melrose, 20 April 1667 ; Mr. Robert [Maine] of Loch- 
wood. 

Which day decerns John Lytheheid, portioner of 
Melrose, to pay to Robert Home, servitor to Sir Gideon 



174 MELROSE REGALITY RECORDS 

Scot of Hay Chester, 14 L 14 s. as price of a cow bought 
from pursuer about 3 years ago ; defender confessed ; 28 s. 
expenses. 

Melrose, 27 April 1667 ; Mr. Robert Maine. 

Which day decerns George Hoy, son of deceased William 
Hoy, portioner of Galtonsyde, to pay to William Broun 
in Fans 32 L borrowed by defunct from pursuer 6 or 7 
years ago ; defender confessed promising payment last 
' Fasten even,' but alleged that pursuer undertook to 
supersede and continue the payment for a year provided 
the defender would give him a boll of oats and a threave 
of straw ; but defender succumbed in proving this ; 
expenses 3 L 4 s 



Melrose, 4 May 1667 ; Mr. Robert Maine. 

Which day decerns Robert Pringle of Blindlie to pay 
to James Blaikie, Robert Broun, and Gavin Patersone 
30 I. 13 s. 4 d. for ' wood and trees ' bought from pursuers 
at Candlemas last, to be paid at midsummer thereafter ; 
defender alleged the pursuers ' ware content to talc for 
satisfactione of the timber lybellit what contrabutione they 
could have fra the toune of Gallowsheills to the bridge 
of Elwond bigging, or at least from and out of that waidger 
betuixt William and John WUsones ' ; but he succumbed 
in probation. Ordains pursuers to find caution to answer 
defender as law will, who found Andrew Darling, portioner 
of Appeltrieleaves, cautioner ; and thereafter John 
Bunzie, procurator for defender, referred the claim to 
pursuers' oaths, who deponed affirmative ; 3 1. expenses. 

Eodem die decerns James Moffitt in Threipwood to pay 
to John Bunzie, portioner of Newsteid, 45 1. 7 s. 5 d. paid 
by William Moffitt, portioner there, to the Earl of Had- 
dington and his chamberlains of the feu-duty for the said 
James Moffit's lands in Threepwood before James disponed 
them to him, by which disposition the defender was 



A CAUTIONARY OBLIGATION 175 

bound to relieve the said William of bygone feu-duties ; 
which debt William Moffit assigned to pursuer, 3 January 
1667. Defender absent ; 4 1. expenses. 

Eodem die decerns Andrew Darling, portioner of 
Appeltrieleaves, as cautioner for deceased Margaret 
Darling there, to pay to William Williamsone in Galashiels 
38 1. 6 s. 8 d. as balance of 45 1. due for oats bought by 
her from pursuer about 5 years ago, and payment promised 
at Martinmas thereafter. Defender denied ever becom- 
ing cautioner, and suppose he had, offered to prove that 
pursuer had made a new transaction with deceased George 
Bell, portioner of Ridpeth, for the said sum and had 
received 20 threaves of straw in part payment, and taken 
Bell's promise for the remainder ; which defender referred 
to Williamson's oath, who confessed he had received 
<) 1. 14 s., and there was 38 1. 6 s. 8 d. yet resting, and 
deferred to defender's oath, who ' not only refuissed to 
depone upon the verritie of the forsaid exceptione pro- 
posed be him but also acknowledged and confest judiciallie 
that he became cautioner for the said umquhill Margaret 
Darling to the said William Williamsone, persewer, and 
promitted payment in maner and at the tyme above 
lybelled.' 3 1. 16 s. expenses. 

Melrose, 11 May 1667 ; Mr. Robert Maine. 

Which day decerns John Hardie in Craiksfurd to pay 
to Alexander Andersone, merchant in Ersiltone, 3 1. 
15 s. 8 d. borrowed from pursuer at several times ; 
defender absent ; 7 s. expenses. 

Eodem die decerns John and George Turner in CalfehUl 
to pay to Andrew Thomsone, portioner of Appeltrieleaves, 
■6 1. 10 s. for 26 ' stouks ' of oats eaten and destroyed by 
their cattle; referred to defenders, who w^ere absent^ 
12 s. expenses. 

Eodem die decerns George Hownam in Darnick to pay 
to James Wallace, son of William Wallace, weaver in Mel- 
rose, 36 s. as balance of 2 1. 18 s. for a fee wrought for by 



176 MELROSE REGALITY RECORDS 

pursuer to defender, and an ell of ' gray/ or 20 s., and a 
sark, or 16 s. 6 d., extending in all to 3 1. 12 s. ; defender 
confessed. As to other 20 s. claimed, defender denied, and 
William Wallace, the pursuer's father, referred same to 
defender's oath, who deferred to pursuer, who refused to 
depone ; absolves. 7 s. 6 d. expenses> 

Melrose, 18 May 1667 ; Mr. Robert Maine. 

Which day absolves Isobel Smyth, servitrix to Nicol 
Merser in Longshaw, as intromitter with goods and gear 
of deceased William Smyth in Mosehouses, from action 
by George Hounam in Darnick, narrating Bond, 28 April 
1639[?], by said deceased William Smyth to him for 36 L, 
of which he received only 20 1. 6 s. and so there rested 
14 1. 14 s. which defender ought to pay. Pursuer com- 
pearing with George Wallace, his procurator, and defender, 
compearing with John Bunzie, her procurator, pursuer 
adduced as witnesses James Smyth, Walter Eillies, and 
Nicol Messer, whose depositions the bailie found did not 
prove defender's intromission with the debtor's goods, so 
absolves. 

Eodem die decerns John Scot, portioner of Galtonside, 
either to deliver up a Bond granted by James Patersone 
in Westhouses and deceased Marion Darling his spouse 
to him for 20 1., or a discharge thereof, to said James 
Paterson, pursuer ; defender confessed the 20 1. was 
paid, but alleged there was 27 1. contained in the Bond 
(which was lost), and the loss of the bond being referred 
to him, deponed positively, and the amount being referred 
to pursuer's oath, he deponed there was only 20 t., which 
with annualrents thereof he paid, so absolves him. 

Eodem die decerns Thomas Bell, portioner of Eister 
Langlie, to pay to William Fischer, portioner there, 50 s. 
' as for the exchainge of ane yaird dyk and peice of ground 
changed be the said defender with the said persewer in 
February 1665 ' ; defender's mother compeared and 
confessed ; 5 s. expenses. 



DECREE AGAINST WEAVERS 177 

Melrose, 20 May 1667 ; Mr. Robert Maine. 

Which day decerns all and sundry the following weavers 
to pay to James Edgar, procurator fiscal of the regality 
of Melrose, and discoverer of the faults underwritten, 
' 400 L Scots for tuentie transgressiones committed be 
ilk ane of the forsaids weivars of the act of Parliament 
[Cap. 43, Parliament 1 King Charles ii., dated 5 January 
1661] for weiving lining cloath within ane ell and tuo 
inches broad above ten shilling price ' since 1st November 
1661, and to remain 14 days in prison ; they having con- 
fessed and come in the bailie's will ; viz. John Bell, James 
Burne, Thomas Bell, Andrew Wallace, John Bowar, 
William Wallace, Adam Lythgow, Robert Mar, George 
Sheill, William Messer, John Hog, weavers in Melrose ; 
James Patersone, William Andersone, Thomas Drumond, 
James EOleis, ' Walkeraw,' weavers in Danzelton ; John 
Bunzie, Robert Riddell, James Bunzie, George and James 
Mein, Andrew Mein, James Bunzie [sic], weavers in New- 
steid ; Andrew Hownam, George Hounam, George Uschar 
William Walker, John Drumond, Walter Vair, WUliam 
Greirsone, John Heitoun, Andrew Drumond, weavers 
in Darnick ; John Messer, John Drumond, Andrew 
Boustoun, weavers in Bridgend ; Robert Law, Robert 
Lande [sic], William Wilsone, weavers in Longhauch ; 
Nicol Messer in Longshaw ; John Halywall ' Croce,' 
Henry Mylds, Thomas Mylds, Thomas Halywall, Robert 
Mylds ' Touneheid,' John Halywall ' Fair,' William Bous- 
tounne, Robert Mylds, James Patersone, weavers in 
Galtonsyde ; John Winter in Ridpeth ; John Chisholme 
and Alexander Sheill in Craiksfurde ; Andrew Halywall 
in Claekmae ; James Mylne in EUdoune ; John Thomsone, 
John Jamesone, Walter Patoun, John Cochrane, Mark 
PursUl, James Purves, and Andrew Uns, in Lessudden. 
The following are absolved, compearing and deponing 
negative, viz. Thomas Law, weaver in Melrose, James 
Robsone in Newsteid, George Messer, William TurnbuU, 
George Tayliore in Blainslie, James Edmistone, Robert 
Stirling in Blainslie, John Scot in Galtonsyde. 

VOL. II, M 



178 MELROSE REGALITY RECORDS 

Melrose, 8 June 1667 ; Mr. Robert Maine. 

Which day decerns John Maxwell, merchant in Melrose, 
to pay to John Taite, merchant burgess of Edinburgh, 
30 1. for merchandice bought from pursuer about 2 years 
ago ; defender confessed ; 3 1. expenses. 

Eodem die complaint by James Edgar, elder, portioner 
of Melrose, against Andrew Penman and Adam Lythgow, 
portioners of Melrose, for themselves and in name of the 
rest of the feuars and inhabitants of Melrose and Danzel- 
tone, who daily pasture on his ' cornes and grass growing 
upon the said persewer his lands of halff of Bowarsbraes 
and Threeaikers lyand nixt adjacent therto,' and make 
common roads and passages through the same with their 
beasts, pull up and remove his broom, and daily lead their 
' fuUl ' to their lands of Danzeltone through the same. 
The bailie appointed John Mein, maltman in Newsteid, 
William Bell, portioner of Gattonsyde, Andrew Chisholme, 
and John Mosse, younger, to visit and report, and by their 
report dated at Melrose, 29 May 1667, they narrate that 
they passed ' upon a peice of ground called Bowarsbrae 
apperteining to James Edgar in Melros, and wee finding 
it to be ane aiker belonging to the Annay, in respect it 
payes few dewtie and uther burdeanes with the Annay, 
and therfor according to our judgement wee think that 
ther should be no passage to be throw that peice of ground.' 
The bailie therefore ordains the defenders ' to forbear 
heirefter the wayes and passages lybellit and from holling 
up or awaytakeing the forsaid broom,' under pain of 
6 s. 8 d. for each offence. 

Eodem die absolves William Greive in Blainslie from 
action by James Edgar, fiscal, and by Andrew Mar, and 
Robert Laidlaw, portioner of Blainslie, against him for 
breaking and tilling ' fower furrs of ane balk perteining 
to the said parties greived in that pairt in Blainslie called 
Murdahe,' for which he ought to be fined conform to act 
of Parliament. Defender confessed he did the same by 
his master's directions, but pursuers alleged he ploughed 



A DECREET ARBITRAL 179 

the same since the decease of James Donaldsone, his 
master, which being referred to defender's oath, deponed 
negative. 

Eodem die decerns Janet SheUl in Melrose, widow of 
James Eilhes ' Litle,' portioner there, to permit Margaret 
EUiot, widow in Danzeltone, and James Patersone her 
son there, ' to posses ane half soumes grasse in the Harlie- 
burne perteining to ane aiker ther possest be them ' ; 
because Adam Lythgow, Andrew Cuik, Andrew Louckup 
and Thomas Bight, deponed ' that the saids defenders 
ware possessione [sic] ' about 2 years ago. 

Meh-ose, 22 June 1667 ; Mr. Robert Maine. 

Which day decerns Thomas Wilkiesone, clerk of Melrose, 
to deliver up to Michael Gibsone the Submission and Decreet 
arbitral between said Michael and James Mertone, tailor 
in Melrose, or the extract thereof; because Mertone 
having alleged that the decreet was not pronounced by 
George Wallace and John Bell, arbiters, and John Ker, 
oversman, till the term assigned in the Submission had 
expired, the said arbiters, to whom he referred, deponed 
that it was pronounced on last day of February, within 
the term assigned, and then with consent of the submitters 
' maide the first day of Marche and sua marked in the mar- 
gine iand both subscryving,' and the bailie repels defences, 
eiks, duply, quadruply and sextuply in respect of pursuer's 
answers, replies, triplies and quintuplies ; and John Kar, 
portioner of Melrose, oversman, compeared next court 
and deponed that Mertone got compensation and allowance 
of what he claimed of Michael Gibsone before sentence 
and decreet arbitral was pronounced. 

Eodem die complaint by Janet Mein, widow in Melrose, 
against the inhabitants of Melrose, narrating that Adam 
Lythgow, weaver there, Walter Kyll, William Wallace, 
weaver there, John Litheheid, and James MUne, indweUer 
there, and other inhabitants, daUy oppress her by ' break- 
ing doune of the Maltesburnedyk, and by eating and 



180 MELROSE REGALITY RECORDS 

destroying of her corne and making hiewayes and passages 
throw her cornes and grass growing on the East yairds of 
Melros.' The bailie ordains the pursuer ' to put up the 
dyk sufificientlie, and that quhosoever shall break the same 
doune and neglect to put the samen imediatlie [sic] shall 
pay to the said Jennet Mein persewer 6 s. 8 d. for ilk 
fault.' 

Melrose, 29 June 1667 ; Mr. Robert Maine. 

Which day absolves Andrew Mar and Robert Laidlaw, 
portioner of Blainslie, from action by Helen Donaldsone, 
lawful daughter of deceased James Donaldsone, portioner 
there, and her tutors for their interest, ' anent the setting 
doune of marche stones at their owne hands upon ane back 
and rig contraverted betwixt the said persewer and defen- 
dar ' ; for the bailie appointed Edward Darling, John Thin, 
George Sheill and Edward Rolmanous, to visit and report, 
and the first two deponed they knew nothing of the balk 
controverted, and the other two deponed positively ' that 
these fourtie yeirs the balk contraverted perteined to 
Elsie Hall and 'his successors.' Pursuer failed to prove 
that the balk belonged to her ; so bailie absolves defenders, 
and ordains the said march stones ' to be sett doune 
quher they ware.' 

Melrose, 6 July 1667 ; Mr. Robert Maine. 

Which day decerns William Laidlaw, now in Wouplaw, 
to pay to James Haistie in EUdoune 4 1. 10 s. with 8 s. 6 d. 
expenses, due by Laidlaw to William Cairncroce of AUane- 
shawes, arreisted in his hands for the like sums, principal 
and expenses, due by Cairncroce to the pursuer ; defender 
absent, held as confessed. 

Eodem die decerns William Notman in Mosehouses to 
pay to John Ker, servitor to John Kar, portioner of 
Melrose, 40 s. due by Notman to Andrew Fischer, who 
empowered Ker to receive the money ; defender absent ; 
4 s. expenses. 



COCHRANE V. COCHRANES 181 

Melrose, 13 July 1667 ; Mr. Robert Maine. 

Which day decerns Andrew Darling, portioner of 
Appeltrieleaves, to pay to Janet Anderson in Williamlaw 
9 1. for a fee for service wrought to defender's deceased 
father about 10 years ago ; defences repelled, and pursuer 
produced decreet by Gideon Jackson, bailie-depute of 
regality, against defender at her instance for 8 1. 12 s. 
principal and 17 s. expenses, to which bailie interpones 
authority ; 18 s. expenses. 

Eodem die action at instance of Nicol Cochrane, por- 
tioner of Newtoune, against Janet Cochrane, wife of John 
Wintrope, portioner there, and said John for his interest, 
narrating that said Janet, and Agnes, and Bessie Cochrane, 
the three lawful daughters of deceased Alexander Cochrane 
there, became heirs portioners to their father in three 
quarters of a husband land in Newtoune, and the said 
Nicol acquired the parts belonging to said Agnes and 
Bessie, and was warned by said Janet Cochrane and her 
spouse to remove from the latter's quarter at Whitsunday 
last, which he is willing to obey, but ' in regaird he bruiks 
the saids three quarters of land pro indiviso and cannot 
know quhat to remove from until sutch tyme that the 
samyne be equallie devyded in three parts and propor- 
tiones,' he seeks that this may be done. Charge having 
been given to said Janet and her spouse to compear and 
hear and see 15 honest men ' most unsuspect and whoe 
best knowes the veritie in the said matter ' appointed by 
the bailie to visit the said three quarters of land and 
divide the same ' and to cast cutt and cavell for quhich 
of the said three quarters of land belongs to the said Jenet 
Cochrane and her spous for his entres, defendars,' the 
pursuer compeared, with John Bunzie his procurator, 
and defenders compeared, with George Wallace their 
procurator, and the bailie appointed John Mylne, por- 
tioner of Newtoune, Mungo Mylne, and Thomas Mylne, 
John Mylne, hostler, William Ker, John Riddell, Thomas 
GUI there, John Mein, maltman in Newsteid, William 
Fischer and James Messer there, Thomas Laidlaw in 



182 MELROSE REGALITY RECORDS 

Newtoune, William Laidlaw there, Thomas Stenhous 
there, Thomas Louckup, wright in Melrose, and Robert 
Mein, mason in Galtonsyde, to visit, divide, and report ; 
who met at Newtoun on 3 June 1667, and divided the 
said three quarters of land in Newtoun pertaining to John 
Wintrope and Nicol Cochrane in three equal portions, 
' and the houss and yaird in three equall portiones, the 
pund fauld betuixt the streat and the cleueh exempted,' 
as follows : ' First quarter hes in Lambelhauch ane held 
halfe rig, in Broadmoore in the eist syde therof ane but, 
in Seargenthill half ane rig, in Staines ane foot halfe rig, 
in the Incrafts ane half but, in the west end of Brockrig 
ane butt, in Brockrig halfe ane rig, in the Wester Tuixt 
Burnes ane lang rig, in Eister Tuixt burnes the wester 
butt, in Drybrughehauch half ane but, in Over Hauksles 
the wester rig, in the eister end of Houckslies ane north- 
most single end called halfe ane rig. Nether Haucksles 
half ane rig, in Homes half ane rig, and ane litle daill in 
the Whomes, in Howdoune grein the wester halfe rig, in 
Taill QuhytehUl ane single quarter, in Gladknow ane rig, 
in the back of the Gladknow ane but with the south end 
of ane but in the west syde of Styllheid, in Whytehill 
halfe ane rig wester, in Eister Highrig halfe ane rig, with 
tua butts in South Breids, in Lang Rinks ane heid half 
rig, in Middell Heighrig the eister halfe rig, in Mikell 
Heigh Rig halfe ane rig being the north end, in Mikell 
Broomlands ane heid halfe rig, in Horter Cleughlie ane 
quarter of ane rig, in Eister Bumerig three quarters of 
a halfe of it, ane south end and ane north end, quherof 
ane haill rig, in Wester Bumerig the eister halfe but and 
the wester halfe but, in the Toas three quarters togither,. 
in the Wester Toas [sic], in Dryknowes ane quarter being 
the south end of the eistmost, halfe ane rig in the Mains, 
and in the taill buts ane but ; proportione of the houss,. 
the hall, with the litle yaird within the dyk, with the 
number of ten trees with the mark of 1 put on with a 
saw, with seaven peaces of trees to be pans, quherof 
fyve of them on the over yaird and tua of them on the 
west syde of the middell yaird, which is unmarked, the 



COCHRANE V. COCHRANES 183 

haill old timber that lyes within the north Peill belongs 
to the hall. — Ane other quarter of lands proportione : In 
Lambelhauch ane foot halfe rig, in Broadmoore halfe ane 
but there, in Seargenthill ane haill rig, in the Stones ane 
held halfe rig, in the Incrafts halfe ane but, in Brockrig 
the wester rig there, and in Rennaldsones Closse ane rig 
there (the westmost), in Easter Tuixtburnes the mid 
but in and out, in Drybruch hauch ane butt wester, in 
Over Haucksles ane rig in the midle there, in Eister end 
of Haucksles halfe ane rig, being ane north end, in Nether 
Haucksles ane rig eister, in Whomes the thorne rig, in 
Houdoungrein halfe ane rig, being the mid halfe, in Taill 
Whytehill ane foot quarter there, in Gladknow halfe ane 
rig and tua butts in the back therof being the eister tua 
of the saids three quarters land, in Styleheid halfe ane 
but back and foer, in Whytehill halfe ane rig eister, in 
Eister Heighrig halfe ane rig being the midle halfe, in 
Lang rinks halfe ane rig being ane foot halfe, in midle Heigh- 
rig half ane rig being the south halfe, in Meikle Heighrig 
halfe ane rig being the south halfe, in the Meikle Broom- 
lands halfe ane rig being the foot of the haill rig there, 
in Horter Cleughelie ane quarter of ane rig there, in 
Eister Burnerig three quarters of ane haill rig, in Wester 
Burnerig the north end of the eister butt and the south 
end of the wester butt, in the Toas ane south quarter of 
the wester Toas and ane north halfe in the eister Toas, 
in Dryknowes ane quarter of ane rig being ane north 
quarter, in Maines halfe ane rig being ane foott halfe, in 
Suyerheid ane butt being wester ; the south peill under 
and above, with the south end of the old barne within the 
walls, with the south end of the nether yaird as it is 
marked with ane bleitstone, with the number of eight 
trees of the mark of 2 put on with a saw. — The thrid 
quarters proportione : In Lambelhauch ane halfe rig 
being ane heid halfe, in Braidmoore halfe ane but, in 
Searjainthill ane rig there, in Staines ane rig in the south 
syde therof, in the Incrafts halfe ane but there, in Brock- 
rig ane rig being Eister, in Rennaldsones Closs ane rig 
being eister, in Tuixtburnes Eister ane but in and out 



184 MELROSE REGALITY RECORDS 

eistmost, in Drybrugh haugh ane but eastermost, in Over 
Haucksles ane rig eister, and ane south end eister, being 
halfe ane rig there, in Nether Haucksles ane rig wester- 
most, in Whomes ane rig hithermost, in Houdoungrein 
halfe ane rig being the eister halfe rig, in Taill Whytehill 
ane heid quarter of ane rig, in Gladknow halfe ane rig, 
in Styleheid three quarter of ane [? any] but lyes togither 
in the eist syde, in Styleheid the eister halfe but, in Whyte- 
hill halfe ane rig, in Eister Heighrig halfe ane rig, being the 
wester halfe rig, in Langrinks halfe ane rig being ane 
foott halfe, in Middell Heighrig halfe ane rig being ane 
north halfe, in Mikell Heighrig halfe ane rig being ane 
north halfe eister, in Mikell Broomlands halfe ane rig 
being ane over end there, in Horter Cleughelie ane quarter 
of ane rig there, in Eister Burnerig the wester three 
quarters part there, in Wester Burnerig the south end 
of the eister but and the north end of the wester but there, 
in the Toas ane north quarter in the Wester Toas and ane 
south halfe rig in the Eister Toas, in Dryknowes ane south 
quarter of ane rig there, ane bat [? bac] butt, ane Suyre- 
heid but eister, and the north end of the litle peiee but in 
the west syde of the Styleheid, and ane litle peiee in the 
Maines ; proportione of the houss, the northmost meikell 
peill beneath and above, with the north end of the barne, 
with the north end of the neather yaird as it is marked 
with ane marche stone, togither with the number of ten 
trees marked with 3 nicks of ane saw. Sic subscribitur, 
Tho. Stenhous ; Wm. Ker ; Thomas Gill ; I. R. ; Jo. 
Mylne ; Jo. Mein ; Will. Fischer ; James Merser ; 
Thomas Louckup.'^ — This report and scheme of division 
being received and given up to George Wallace, procurator 
for the defenders, to see and object, he gave in the follow- 
ing objections, 1. No process of separation and division 
ought to be granted upon the pursuer's petition as having 
right from Bessie Cochrane, ' youngest daughter to the 
said umquhill Henrie [sic] Cochrane procreat betuijct 
him and umquhill — his spous in his last mariage,' 
because she is not duly served heretrix portioner to her 
father in the subjects in question ; 2. there ought to be a 



COCHRANE V. COCHRANES 185 

' briefe of divisione ' directed from Chancery at pursuer's 
instance to the baiUe of regaUty ; 3, no process without 
consent of said Janet Cochrane, eldest daughter and 
heritrix of said Henry Cochrane in said subjects conform 
to provision in contract of marriage between her father 
and deceased — his first spouse. To this John Bunzie, 
pursuer's procurator, answered that said Agnes and Bessie 
Cochrane, the pursuer's authors, ' are entered and receaved 
be the Earle of Hadingtone, superior of the forsaids 
lands, by precepts of dare constat as tua of the airs 
portioners to the said umquhill Alexander Cochrane 
their father, and infeft and seased therein conforme,' 
and pursuer has disposition and infeftment from them, 
and besides, the defenders and their procurators ' was 
claimeing lands of umquhill Henrie Cochranes as may 
appear be the forsaid objectiones, to which the persewer 
is not oblidged to answer hoc loco.'' The bailie repels the 
objections in respect of the answers, and ordains pursuer 
to instruct that said Agnes and Bessie were two of the 
three daughters of deceased Alexander Cochrane and served 
heirs to him in the said subjects, and to prove his title 
from them, and ordains defenders to instruct their right 
to the subjects. Pursuer produced a precept of dare 
constat by John, Earl of Hadingtone, to Bessie Cochrane 
as one of the three heirs portioners of Alexander Cochrane 
her father, dated 4 February 1663 ; sasine thereupon, 26 
February 1663 ; disposition by her to pursuer of her third 
part, 24 April 1660 \sic] ; sasine thereupon, 26 February 
1663 ; precept of dare constat by Earl of Haddington to 
Agnes Cochrane as another of the three heirs portioners 
of Alexander Cochrane her father, dated 12 June 
1665 ; sasine thereupon, 14 June 1665 ; disposition by 
her to pursuer of her third part, 8 June 1665 ; sasine 
thereupon, 14 June 1665. John Wintrope produced a 
precept of dare constat by John, Earl of Hadingtone, to 
said Janet Cochrane as one of the three heirs portioners 
of Alexander Cochrane, her father, dated 28 June 1665 ; 
disposition by said Agnes Cochrane of her third part to said 
Janet Cochrane her sister and John Wintrope her son [sic]. 



186 MELROSE REGALITY RECORDS 

15 June 1660; instrument of resignation thereupon in 
favour of said Janet, 29 June 1665. From these titles, 
and the foresaid reasons and debates, the bailie finds that 
the said Nicol Cochrane has good and undoubted right to 
two of the three parts of the said subjects, and prefers 
him to the heritable right 6f the same, notwithstanding 
of the foresaid disposition by Agnes to her sister Janet 
'and her spous,' because they are neither infeft nor in 
possession and so the same is but a personal obligation, 
whereas the pursuer stands infeft and in possession ; reserv- 
ing action of warrandice, etc., to said Janet Cochrane and 
spouse against said Agnes Cochrane in respect of these writs; 
and so the bailie decerns two of the three quarters of land 
foresaid, with the teind of the foresaid ' haUl 3 quarters, 
at least of so mutch therof as perteaned to David, Lord 
Cardross, and acquyred be the said NicoU fra him, lyand 
on the south syde of the bume,' to pertain to the said 
Nicol ; and finds that Janet Cochrane and her spouse 
have good right only to ane of the said three quarters of 
land, and decerns her (being the eldest sister) and her 
spouse ' to have (if they please) the choise of any ane of 
the forsaids three quarters of land with the perteinents, 
as it is now devyded in three parts and quarters be the 
forsaids fyftein suorne men, otherwayes imediatlie to cast 
cut and cavell with the said Nicoll and tak which of these 
three quarters of land shall happen to fall to them,' 
otherwise the bailie will cause do the same for both. 
The defenders asked a day to be assigned to them for 
making their choice, and this day they being absent and 
their procurator declaring he had no information from 
them, the bailie ordains the clerk to take the said three- 
quarters of land ' in peaper and to put the same into ane 
hatt, and ordeanes Andro Phaupe, officer, to draw in 
name and behalfe of the said Jennet Cochrane and her 
said spous, to whom by the said drawing fell the foresaid 
third and last quarter of land, and the other two quarters 
fell to Nicol Cochrane ; conform whereunto the bailie 
decerns the third quarter to pertain to the defenders 
(except the teind, at least of so much of the said quarter 



FLETCHER v. HERVIE 187 

as lies on the south side of the burn), and decerns the 
pursuer to remove from the said third quarter, and to 
possess the first and second quarters. 

Eodem die decerns Thomas Hervie, son of deceased Adam 
Hervie, portioner of Bowdoune, indweller in Maxpople 
and intromitter with his father's effects, to fulfil a wadset 
tack granted by his father to Robert Fletcher, cooper in 
Bowdoune, 17 November 1660, of his ridge of land in 
Mid Whitrig ' westmost betuixt Herkersyke and Aikiden- 
burne,' except the teind sheaves, lying in Bowdoun, for 
50 merks advanced to said Adam Hervie and his spouse, 
who undertook to pay all public burdens and harrow, 
till, and labour the said ridge yearly during non-payment 
of the sum of 50 merks, with 4 1. expenses ; defender 
denying intromission, or promise to pay, the pursuer 
referred it to his oath, who deferred to pursuer, who 
deponed affirmative ; pursuer to find caution to answer 
defender as law will, before extracting. 

Eodem die decerns Alexander Lythgow of Drygrange 
to pay to Robert Clerk, merchant in Galtonsyde, 19 1. 
9 s. 6 d. Scots for merchandice, conform to his ticket 
and account written ' on the taill therof,' dated 25 March 
1665, payable on 15 May thereafter ; defences repelled, 
and pursuer to prove the addition at foot of account 
and altered date of payment, who referred to defender's 
oath, who deferred to pursuer, who deponed affirmative ; 
38 s. expenses. 

Melrose, 20 July 1667 ; Mr. Robert Maine. 

Which day decerns John Naper in Allaneshawes to pay 
to William Scot in Williamlaw 53 s. for a ewe and lamb 
lost by him to the pursuer at Martinmas 1666 ; referred 
to defender, who was absent, and held as confessed. 

Melrose, 27 July 1667 ; Mr. Robert Maine. 

Which day decerns William Cairncroce of Allaneshawes 
to pay to Mr. Alexander Bisset, minister at Melrose, 40 1. 



188 MELROSE REGALITY RECORDS 

for his stipend, Whitsunday and Martinmas 1666 and 
Whitsunday 1667 ; defender absent ; 4 1. expenses. 

Eodem die decerns WilUam and Robert Laidlaw, tenants 
in Allaneshawes, and WiUiam Cairncroce their master, 
for his interest, to make forthcoming to said Mr. Alex- 
ander Bisset 40 1. with 4 1. expenses owing by Cairncroce 
as above, and arreisted in their hands as due to their 
master ; defenders absent. 

Eodem die decerns David Unes in Lessudden to pay to 
Robert Ker of Fodderiie 9 1. as balance of price of bear 
bought from pursuer about 3 years ago ; defender absent ; 
18 s. expenses. 

Eodem die decerns John Maxwell in Melrose to pay to 
Walter Uschar, portioner of Darnick, 6 1. Scots for a boll 
of bear bought from pursuer about a year ago ; defender 
absent ; 12 s. expenses. 

Eodem die action at instance of James Gastoune, por- 
tioner of Lessudden, against John Robiesone there, who 
with causeless malice came on 11th May last to the 
pursuer's ' oune oxen and one kow, with calfe, pastureing 
upon his oune ground in St. Boswells, and under pretext 
that they ware pastureing upon the ground of the lands 
and corne of Lassudden, quherop he is pundler, he did 
most wrongouslie and violentlie beat, hounded, drove 
and strok ' the said beasts till he put them in the ' pund- 
fauld ' and detained them there for two hours, whereby 
his cow with calf, worth 66 1., died ; yet he refuses to pay 
for the same. Pursuer compearing, with John Bunzie 
his procurator, and defender compearing, with George 
Wallace, his procurator, the pursuer in the terms assigned 
to him for probation succumbed therein, so absolves the 
defender. 

Melrose, 3 August 1667 ; Mr, Robert Maine. 

Which day decerns Andrew Mar, portioner of Galtonside, 
to pay to James Eillies of Huntliewood 46 1. 10 s. Scots 
due by him to James Boustoune and Margaret Henderson 



RATIFICATION BY RANDIE 189 

his spouse in Galtonside, for the rent and duty of the 
tenements and yards in Galtonside, crop 1666, possessed 
by him and belonging to said Margaret Henderson in 
liferent, and arreisted in his hands for satisfaction of 100 
merks principal and 10 merks expenses contained in a 
Bond by said Margaret to the pursuer's deceased father, 
and decreet obtained at pursuer's instance against her 
and her husband for said sums, with annualrent, extending 
in all to 94 1. 13 s. 4 d. Defender prodiiced assignation 
by said Margaret to him, which being only subscribed ' be 
the wyfe and not be the husband . . . signifies nothing,' 
and there is a declaration by her husband that he never 
gave his consent to said assignation. Defender being 
ordained to depone what he owed at time of arreistment, 
declared he owed ' to his mother and her husband ' the 
foresaid sum of 46 1. 10 s. ' conforme to the tak, reserveing 
allwayes preferrence to quhat is awand to my lord.' 

Eodem die decerns Adam Turnbull, mason in Newsteid, 
to pay to David Thomsone in Longhauch 43 s. for meat 
and drink furnished by pursuer to him ; defender absent ; 
4 s. expenses. 

Melrose, 24 August 1667 ; Mr. Robert Maine. 

Which day compeared Marie Randie, wife of William 
Waugh, burgess of Hadingtone, and one of the two sisters 
and heirs portioners of deceased George Randie there, 
and judicially ratified and approved a Disposition, 
August 1660, granted by her with her husband's consent 
to Mr. John Waughe, their lawful son, schoolmaster at 
Melrose, and his heirs • and assignees, heritably and 
irredeemably, of her half of that ' eist part or portione 
conteining ane hall and ane loft above the hall and tuo 
booths under the said hall of that tenement sometyme 
perteining to the deceist James Heidingtone, skinner, 
burgess of the said burghe, lyand within the samein 
brughe on the north syde of the croce gate therof betuixt 
the tenement sometyme perteining to umquhill John 
Barnes therefter to his airs and now to the airs of Margret 



190 MELROSE REGALITY RECORDS 

Cobren on the eist, the tenement perteining to the airs 
of umquhill John Dowglas and now to the airs of Mr. [?] 
Alexander Seatoun on the north, and the Hie Streit of 
the said brughe on the south parts therof ' ; declaring 
{extra presentiam mariti) that she grants the same volun- 
tarily and without compulsion. 

[The following decreet is on a slip of paper, written on 
both sides, inserted at this place in the book.] 

' Curia, etc., 4 August 1667.' 

Which day action at instance of Andrew Mar, por- 
tioner of Galtonesyde, against Alexander Lythgow of 
Drygrainge, who bought from him at Lammas 1665 six 
bolls of oats at 4 1. 13 s. 4 d. the boll, inde 28 1. Scots, and 
promised payment at Michaelmas thereafter ' upon his 
oune table ' ; also bought from pursuer a barrel of ale 
containing 4 gallons at 10 s. 8 d. the gallon, inde 42 s. 8 d. ; 
but he refuses to pay. Pursuer compearing, and Andrew 
Phaupe his procurator, and defender compearing, with 
John Bunzie his procurator, and defender confessed 
buying and receiving the oats and ale, but it was at his 
father's direction and the latter's executors ought to pay 
the same, and thereafter denying the bargain it was 
admitted to pursuer's probation, who adduced Thomas 
Bowstoune in Galtonesyde and Thomas Mylne, servitor 
to said Alexander, by whose depositions and defender's 
confession the bailie finds the articles were delivered to 
defender upon his promise to pay at the time libelled, and 
decerns him to pay the sums sued for, and 3 1. of expenses 
of plea ; reserving to him action for repetition against his 
father's executors according to law. 

Melrose, 28 September 1667 ; Mr. Robert Maine. 

Which day complaint by Andrew Darling, portioner of 
Appeltrieleaves, against William Wilsone, John Flatter, 
John Pringle, Gavin Patersone, David Thomsone, Jean 
Bell, Marion Smyth, John Clapertone, Andrew and 



LESSUDDEN TEINDS 191 

Walter Thomsones, tenants in Longhauch and Appeltrie- 
leaves, who daily and nightly break down, cut and destroy 
his green wood and timber growing in his park and upon 
his ground and yards of Appeltrieleaves and Longhauch, 
* and eats and destroyes his grass and cornes of the saids 
lands.' The bailie grants act of court that none of the 
defenders transgress herein in time coming under penalty 
of 10 1. ; defenders absent. 

Eodem die decerns Patrick Louckup, wright in Melrose, 
to pay to John, Earl of Hadingtone, or his factors and 
chamberlains, 40 merks due by him to Alexander Ridpeth 
and arreisted for part pajmtient of 110 1. principal and 6 1. 
of expenses due by Ridpeth to the Earl conform to decreet 
at Earl's instance against him, 8 June 1667 ; defender 
absent. 



Melrose, 5 October 1667 ; Mr. Robert Maine. 

Eodem die decerns Andrew Riddell, Katherine Riddell, 
and William Maben in Lassudden, each to deliver to David, 
Lord Cardross, titular of the teinds of Lassudden, and Janet 
Duncansone, daughter and executrix to deceased Mr. 
Andrew Duncansone minister there, 2 bolls of bear due by 
them to Patrick Riddell there, crop 1667, and arreisted in 
their hands conform to decreet bypursuers against said Pat- 
rick Riddell, 7 August 1666, before sheriff of Roxburgh for 
86 1. principal and 18 merks expenses ; defenders confessed; 
supersedes execution till Martinmas. 

Eodem die compeared William Rennoldsone, portioner 
of Bowdoun, and deponed he had given up all writs, 
evidents, and securities he has in his custody concerning 
the ' fyve halfe lands in Bowdoun ' pertaining to ' umquhill' 
Andrew Ker of Kippielaw, ' and also sail delyver to the 
said Andro Ker [sic] all uther wreats, evidents, and securities 
quhatsumever of the saids lands that sail happen to come 
to his hands at any tyme heirefter upon the said Andro 
Ker his recept of the samen,' or a transumpt of these 
writs wherein other lands besides the above are included. 



192 MELROSE REGALITY RECORDS 

Melrose, 10 October 1667 ; Mr. Robert Maine. 

Which day decerns John, Andrew, WilHam, David, 
and James Lythgow, executors to deceased James Lythgow 
of Drygrainge, and Thomas Lythgow their tutor, for his 
interest, to pay to William Louckup, wright in Danyeltone, 
20 1. Scots for certain ' wright work ' wrought by him to 
said deceased James Lythgow at his house of Drygrainge 
in 1665 ; John Lythgow, defender, desired sight of process 
and a term to answer, but then for noncompearance is 
held as confessed ; 40s. expenses. 

Eodem die decerns James Pringle in Colmeslie, Andrew 
Darling, elder, and Alexander Lythgow of Drygrange, to 
pay to Grizel Scot, widow of John Fischer of Old Melrose, 
the first 16 1. 12 s. and the other two 3 1., for corn and straw 
furnished by her to them ' as leiders for tua horse in 
Generall Major Drumonds troup ' ; defenders absent ; 
expenses 32 s. and 6 s. respectively. 

Eodem die decerns Adam Darling, portioner of West- 
houses, to pay to Andrew Mar, portioner of Galtonesyde, 
5 1. for necessaries furnished to him ; defender absent ; 
10 s. expenses. 

Melrose, 2 November 1667 ; Mr. Robert Maine. 

Which day decerns George Blaikie, flesher in Melrose, 
to pay to Janet Patersone, servitrix to James Merser, 
portioner of Newsteid, 4 1. for fee for service by her to 
defender about 4| years ago ; defender confessed ; 8 s. 
expenses. 

Eodem die decerns Patrick Louckup, wright in Melrose, 
to pay to Grizel Scot, widow of John Fischer of Old Melrose, 
4 1. for flesh bought by him about a year ago, to be paid at 
Martinmas ; defender absent ; 8 s. expenses. 

Eodem die decerns Thomas Unes in Lassudden to pay 
to Robert Riddell in Maxton 3 1. 10 s., and a firlot of bear 
or 26 s., for fee and bounty of half a year's service wrought 



EDICT OF CURATORY 193 

by James Riddell, his son, to the defender, Martinmas 
1666to Whitsunday 1667 ; defender absent ; 8 s. expenses. 



Melrose, 5 November 1667 ; Mr. Robert Maine. 

Edict of curatory raised at instance of Helen Donald- 
sone, only lawful child of deceased James Donaldsone, 
portioner of Blainslie, minor, and served upon William 
Donaldsone in Blackhill mill, and Robert Donaldsone in 
Coldingham, his brother, nearest of kin to her on the 
father's side, and James Rolmanous, younger, in Blainslie, 
and John Rolmanous in Humbie, nearest of kin to her on 
the mother's side, and all others the kinsmen and friends 
of the said minor having or pretending interest. None of 
defenders compeared except the said James Rolmanous, 
and the said Helen compeared personally and produced a 
testificate signed by Mr. William Johnstoun, schoolmaster 
at Lauder, ' dated the fourth day of November 1655 
beareing her to be baptized that day and so consequentlie 
was passed tuelfe years of age,' and chose Andrew Woddell 
in East maynes, William Murray in Bounmylne, and the 
said James Rolmanous, younger, in Blainslie, to be her 
curators, Woddell being sine quo non, all of whom accepted, 
and are decerned curators to her and gave their oaths 
and became mutually bound ; upon which Helen and 
her procurator [John Bunzie] asked instruments. 



Melrose, 9 November 1667 ; Mr. Robert Maine. 

Which day decerns the feuars of Calfehill, Threipwood 
and Newhouses [and] Newsteid, [and] "William Fischer, 
portioner of Eister Langlie, to pay to James Pringle of 
Colmeslie their proportions, conform to valuation of 
16 1. 12 s., of principal and 32 s. expenses, contained in 
decreet obtained at instance of Grizel Scot for ' the horse 
come and straw furnisched be Grissell Scot for the saids 
defendars and the said persewar for one horse in Generall 
Major Drumonds troupe at Jedburgh in Appryll last.' 

VOL. II. N 



194 MELROSE REGALITY RECORDS 

against said James Pringle for himself and in name of said 
defenders. Expenses 32 s. 

Eodem die decerns James Laidlaw in Newtoun to pay to 
Helen Ker in Melrose and Robert Young her spouse 40 s. 
for 5 loads of peats detained by him from them which 
they had bought and paid for ; referred to defender's 
oath, who refused to depone ; expenses 4 s. 



Melrose, 16 November 1667. 

Which day decerns John Pringle in Longhaugh to pay 
to John Fratter 8 1. as rent and duty of a house and yard 
[undescribed] ; defender alleged pursuer owed him 5 merks 
' of ane band,' and denied the claim ; defender to prove 
this debt, and pursuer to prove his claim. William 
Fischer, portioner of Eister Langlie, deponed he heard 
the pursuer ' promeis doune 20 s. of the maill it payed 
befor, and to the best of his knowledge the maill was 8 li., 
and also that the said persuer was aughtand the said de- 
fender 5 merks, but he thought it was quyte ' ; and John 
Fischer, maltman in Darnick, deponed ' he saw the de- 
fender claime fyve merks and saw the band delyvered, 
and for the maill of the house he hard Pringle say he wold 
not keip the yaird, but knew not quhat maill the defender 
promised ' ; expenses 16 s. 



Melrose, 23 November 1667 ; Mr. Robert Maine. 

Which day decerns Andrew Fischer of Wester Hous- 
byre to pay to Andrew Moffett in the ' Abbay of Hading- 
ton ' 30 1. for fees and bounty for service wrought by 
Moffet to him, viz. resting from Whitsunday 1662 to 
Whitsunday 1663, 40 s. ; due from Whitsunday 1663 to 
Whitsunday 1664, 18 1. ; from Whitsunday 1664 to Whit- 
sunday 1665, 16 1. ; with 6 ells of plaiding, ' price 40 s.,' 
extending to 38 1. but defender alleges 8 1. paid for half a 
year's service, which he is to prove ; decerns for the rest, 
with 3 1. expenses. 



COITT V. KERR 195 

Eodem die decerns William Ker, portioner of Newtoun, 
to pay to James Coitt in Lessudden, executor dative to 
deceased William Gastoun in Lessudden, 26 1. of principal, 
with 38 1. as 6 years' annual-rent contained in Gaston's 
testament and promised by defender to pursuer and of 
which he paid two years' interest ; defender confessed 
50 merks, and pursuer referred the rest to his oath, 
who deferred to the pursuer, who took it to avisandum ; 
decerns for 50 merks, and 3 1. 6 s. 8 d. expenses of plea. 

Eodem die decerns James Wauch, wright in Melrose, 
to pay to James Edgar, younger, in Melrose, 20 s. for 
tilling land in Melrose ; defender denied the claim, which 
being referred to his oath, he deponed he owed only the 
20 s. out of 51. 2 s. claimed ; deferred the rest to oath 
of pursuer and his wife ; 3 s. expenses. 

Eodem die decerns William Laidlaw in Allanshawes to 
pay to Andrew Darling, portioner of Appeltrieleaves 
71. 2 s. as balance of 40 1. due in a bond by defender's 
master to the pursuer, and which was allowed to defender 
in his rent ; Robert Laidlaw his brother confessed the 
defender was owing ' the samen,' and ' for the rest ' refers 
to pursuer's oath ; 14 s. expenses. 

Eodem die decerns Andrew Darling, portioner of Appel- 
trieleaves, to pay to Jean Edgar, widow of Michael Fischer, 
portioner of Darnick, and executrix to him, 71. 5 s. as 
balance of the contents of a bond, 3 May 1658, by said 
Andrew to said Michael ; pursuer, and James Edgar her 
brother, as procurator, produced a missive letter and post- 
script written by the defender promising to pay the same, 
which he owned as a true debt, on condition that she dis- 
charged him thereof and of all other claims. 14 s. ex- 
penses. 

Eodem die decerns John and Andrew Lythgow, for 
themselves and the rest of the executors of deceased James 
Lythgow of Drygrainge, to pay to Andrew Kennedy, 
officer in Darnick, 12 1. 10 s. for summoning, charging 
and poinding certain persons at the defimct's direction. 



196 MELROSE REGALITY RECORDS 

viz. 18 s. for twice charging Thomas Wedderstone, and 
once WiUiam Davidsone ; 7 L 10 s. for the sheriff -fee of 
150 1. poinded from said Thomas Wedderstane ; 50 s. for 
sheriff-fee for poinding said Thomas for 50 1. at Whit- 
sunday 1666 ; 12 s. to the comprisers ; 20 s. for summon- 
ing certain persons at said John Lythgow's instance. 
Defenders desired a term to answer, but failed then to 
compear, and are held as confessed ; 25 s. expenses. 

Melrose, 30 November (1667) ; Mr. Robert Maine. 

Which day absolves William Wilsone, weaver in Long- 
hauch, from action by Adam Turnbull, mason in New- 
steid, for 20 1. for mason work done for him about a year 
ago ; defences repelled, and pursuer adduced for proof 
Andrew Mein, mason, and John Mein, maltman, portioners 
of Newsteid, the former of whom deponed ' he knowes 
not if the defender be awand the persewer or not, only 
he heard the persewer say he wold pay him dayes wages 
if he wold compt them,' and the latter deponed ' that 
William Wilson sett a house in tack to the persewer, 
therefter he endit on dayes wages and William Wilsone 
offered to pay the persewer dayes wages and went from it.' 

Melrose, 14 December 1667 ; Mr. Robert Maine. 
Which day decerns Alexander Trotter and Michael 
Fischer in Eister Housebyre to pay to Andrew Mar, por- 
tioner of Galtonesyde, 4 1. 4 s. for 6 firlots of oats destroyed 
and eaten by their beasts in July and August 1667 ; de- 
fenders absent ; 8 s. expenses. 

Melrose, 21 December 1667 ; Mr. Robert Maine. 

Which day decerns James Gastoun in Lessudden to 
pay to Walter Scot of Raeburn 6 1. 17 s. 4 d. due to pur- 
suer of his ferme bear for pursuer's lands in Lessudden, 
crop 1666, possessed by defender; defender confessed; 
13 s. expenses. 



PENNY BRYDAILLS 197 

Eodem die ' the baillie haveing ordered Andro Mar, 
Andro Chisholme, John Mylne, and James Wallace, 
«lder, to meit togither and to sett doune a price upon 
the penny brydaills and banquets for ilk woman and man, 
the saids Andro Mar, Andro Chisholme, John Mylne and 
James Wallace haveing mett togither reported that 10 s. 
for ilk man and 8 s. for ilk woman att ordinar penny 
brydaills, and to be alse weill furnisched in meat and drink 
as of befor, is ane eneugh [sic], and halfe price at banquets ; 
to the quhich the baillie interpones his decreit and auc- 
toritie, and ordeanes precepts to be direct to the officers 
to intimat the samen at mercate croce that non may come 
in the contrair or tak any more nor the forsaid price, 
under the payne of fyve pounds Scots, and that [nane] may 
pretend ignorance.' 

' Curia Regalitatis de Melros tentam pretorio ejusdem i668. 
per Magistrum Robertum Maine de Lochwood, 
balivum deputatum ejusdem nobili et prepotent, 
Comiti Joanni de Hadington, Domino Bining et 
Byres, balivo principali dicte regalitatis, quarto die 
mensis Januarii anno Domini millesimo sexcen- 
tesimo sexagesimo octavo, sectis vocatis. 

CURIA LEGITTIME AFFIRMATA.^ 

Which day decerns John Fratter in Longhauch to pay 
to William Wilsone, weaver there, 13 1. 1 s. 4 d. as balance 
of 22 1. 16 s., being the agreed price of 19 hogs bought from 
pursuer at Yule 1662, at 24 s. apiece, and 25 1. as the 
balance of the worth of the pursuer's grass in Longhauch 
heuch eaten ' be the said defendar ' these 5 years past, 
at 5 1. yearly ; and absolves said John Fratter from 
16 1. 1 s. 10 d. additional claimed by said pursuer for fore- 
said hogs and grass ; defender denied the claim, alleging 
he paid for the hogs, and that pursuer had no right to the 
grass, which was not worth 5 1. yearly, and being referred 
to defender's probation, he deponed that the pursuer ' was 

' This is the first entry in a new volume containing the records from 4th 
January 1668 to nth March 1 676. 



198 MELROSE REGALITY RECORDS 

resting him of former aecompts for drawing timber from 
Elebankwood, 18 s., and for the teiUing of ane peace of 
land to the persewer, 4 1. 10 s., and therefter that the 
persewar agried with him to teill all his lands for 
10 1. 13 s. 4 d., and that he teiled the same except ane peace 
of land quhich was overlong of tealling which the persewer 
tallied himselfe worth 5 merks Scots.' The pursuer in- 
structed his right to the grass by a wadset tack made by- 
Mr. William Dugood to him of the same, and for proving^ 
its worth adduced William Maben in Gallowsheills and 
Andrew Thomspne in Longhauch, who deponed the same 
was only worth 12 s. yearly. Expenses, 26 s. 8 d. 

Eodem die decerns George and John Turner, tenants in 
Calfehill, and William Cairncroce their master, to make 
forthcoming to Mr. Mark Ker of Morieston, as assignee to a 
comprising led by John Wilsone, merchant burgess of 
Edinburgh, against said William Cairncroce of the lands 
of Calfehill, 5 February 1667, the sum of 350 merks as their 
Martinmas maill, 1667 ; repels defences made by de- 
fenders and George Wallace their procurator in respect of 
answers by pursuer and John Bunzie his procurator, and 
defenders acknowledged their term's maill ; 10 1. expenses. 

Eodem die decerns William Huntar in Ridpeth to pay 
to Andrew Kenniddie, officer in Darnick, 4 bolls of victual 
due by him to John Lythgow, his master, for crop 1667^ 
and arreisted for satisfaction of 12 1. 10 s. principal and 28 s. 
expenses in decreet, 23 November 1667, at pursuer's 
instance against Lythgow ; defender absent ; reserving 
action to L5i;hgow for his relief against the rest of his 
father's executors. 

Melrose, 11 January 1668 ; Mr. Robert Maine. 
Which day decerns William Bell, portioner of Galton- 
syde, to pay to James Eillies of Huntliewood 7 1. 13 s. 10 d. 
for a boll of bear and ' ane prick peck ' bought and paid 
for by Ellis in 1663, and never delivered to him ; defender 
confessed. As to other bear claimed and not confessed, 
admits to pursuer's probation. Expenses 16 s. 



STIPEND FOR SCHOOLMASTER 199 

Melrose, 8 February 1668 ; same bailie. 

Which day decerns Alexander Ridpeth, wright in 
Melrose, to pay to William Maben in Galashiels, as factor 
to Mr. Walter Scott in Elibank, 4 1. 8 s. for timber bought 
from pursuer in Elibankwood, 1667 ; defender confessed 
the same to Andrew Kenniddie, officer, but not compearing 
is held as confessed ; 8 s. expenses. 

Melrose, 29 February 1668 ; Mr. Robert Maine. 

Which day decerns Thomas Bell of Eister Longley to 
pay to John Halywall, elder, portioner of Galtonesyde, 
51. 12 s. borrowed from pursuer at Lammas last ; de- 
fender absent, pursuer deponed ; 12 s. expenses. 

Eodem die decerns John Purves in Craiksfuird to pay to 

said John Halywall 6 1. 8 s. as balance of price of 19 lambs 

' bought from pursuer on 18 June 1667 at 16 s. apiece, 

inde 15 1. 8 s.; defender absent, pursuer deponed ; 12 s. 

expenses. 

Eodem die decerns all and sundry the feuars, heritors, 
and possessors of the parish of Melrose to pay to Mr. John 
Wauch, schoolmaster, three quarters of a year's stipend 
conform to decreet, 22 December 1666 against them, ' for 
his service preceeding his removeing from Melros and not 
being schoolmaster, quhilk was at Lambass 1667 ' ; reserv- 
ing account and reckoning between him and them as to 
what is already paid ; defenders absent ; 2 s. per pound 
expenses. 

Melrose, 7 March 1668 ; Mr. Robert Maine. 

Which day decerns Thomas Merser in Drygrainge to 
have forfeited all his moveable goods and to make the same 
forthcoming, half to ' my Lord ' and half to James Edgar, 
fiscal, for breaking the arreistment laid by Andrew Phaupe, 
officer, upon his corn in Old Melrose for the bygone maills 
and duties of the lands of Old Melrose at the Earl of Hading- 
ton's instance, conform to the Earl's decreet, 23 November 



200 MELROSE REGALITY RECORDS 

1667, against him and Agnes Mertoun ' his master ' [sic] ; 
defender having confessed, and came in the bailie's wilh 



Melrose, 21 March 1668 ; Mr. Robert Maine. 

Which day decerns John Andersone portioner of Rid- 
peth, ' alias Williams John,' to pay to James Dawsone in 
Smalehome Spittell 16 I. 13 s. 4 d. for a horse bought from 
pursuer 10 years ago ; defender confessed, alleging he 
agreed with pursuer to pay at St. Boswells day and Candle- 
mas, ' and referred the same to the baillie, whoe modified 
to pay at Mertymes ' ; expenses 32 s. 

Eodem die decerns David Kyll, smith in Lessudden, to 
pay to Lancelot Broun, glover there, 5 1. for harvest fee 
wrought for by Andrew Turner, the pursuer's servitor, last 
harvest ; defender absent ; 10 s. expenses. 

Eodem die decerns Thomas Bell, portioner of Eister ' 
Longley, to pay to John Bartoun and Thomas Bowstoun, 
indwellers in Galtonsyde, respectively 16 1. and 19 1. for 
the price of an ox received from the former at Martinmas 
last and an ox received from the latter at Michaelmas last ; 
defender confessed ; expenses, to Bartoun 32 s. and to 
Boustoun 38 s. 

Melrose, 23 March 1668. 

Complaint by Michael Fischer, second lawful son of John 
Fischer, portioner of Darnick, and the rest of the feuars of 
Darnick, against Andrew Fischer of Housbyre, his brother, 
narrating that the feuars of Darnick have a seat in Melrose 
kirk containing four desks, between the minister's seat and 
Threepwood's seat, which they have peaceably possessed 
for many years, but in January 1668 the said Andrew 
Fischer of Wester Housbyre ' under pretext that the seat 
belongs to him did cast furth our fower dasks, and hes put 
ane face of ane seat [sic] wherby we are excludit out of the 
samen, and lykewayes h€s nailled the samen to Thriep- 
wood seat without licence,' and order ought to be given to 



BUILDING A DOWCAT 201 

him ' to tak doune that face of the forsaid seatt sett up 
be the said Andro Fischer and to put the saids supplicants 
their seats as they ware in statu quo frius, untill it be 
knowen to whom the samen perteanes.' The baiUe decerns 
according to the claim ' and report wreatten on the back 
therof.' 

Melrose, 28 March 1668. 

Complaint by Robert Trotter of Eister Housbyre, John 
and Alexander Trotter his sons there, and by James 
Bowstoun, William Bell, Robert Frier, Andrew Mar, for 
themselves and remanent feuars of Galtonsyde and West- 
houses, against Andrew Fischer of Wester Housbyre, 
citing Cap. 19, Pari. 22 of King James vi., ordaining that 
no person ' build any dowcats aither in brughe or land 
"ward except the persone builder have ten chalders of 
victuall of yearlie rent,' and complaining that the said 
Andrew Fisher, though not worth so much, is building a 
dovecot, which will certainly tend to their great prejudice ; 
and they crave that Mr. Robert Maine, bailie depute, may 
grant order to an officer to prohibit and discharge Fisher 
' and all his massones and workmen working at the said 
dowcat from any farder bigging or utherwayes working 
at the said dowcat,' under penalty, till Fisher prove that 
he is worth 10 chalders of victual conform to the act. The 
bailie decerns accordingly. 



Melrose, 4 April 1668 ; Mr. Robert Maine. 

Which day decerns John Sounhous, John Wallace, and 
James Pringle, son and heir of deceased Agnes Hardie, 
portioners of Blainslie, to pay to Mr. John Scott of Long- 
shaw, titular of the teinds of Blainslie, as follows, viz. 
Sounhous to pay 43 1. Is. Id. for the teind duty of his 
2\ husband lands there and pendicle belonging thereto, 
crop 1667 ; Wallace to pay 25 1. 16 s. 8 d. for teind of his 
' land and halfe land ' in Blainslie, said crop ; Pringle to 
pay 8 1. 12 s. 3 d. for teind of ' halfe ane land ' there 



202 MELROSE REGALITY RECORDS 

possessed by his mother, said crop ; defenders absent j 
expenses 2 s. per pound. 

Eodem die decerns John Darhng in Blainshe to allow 
Edward Darling his brother to possess ' ane halfe land in 
Blainslie sett be the said John to the said Edward and 
perteaning to William Cranston of the Roan, for this yeare 
1668, for quhich the persewer is content to find cautione 
for the mail! and dewtie efter compt and reckning ' ; de- 
fender confessing the lease. 

Eodem die absolves John Pringle in Longhauch from 
action by John Fratter there against him for in winter 
1666 taking out of the pursuer's house (possessed by the 
defender) ' ane yron stanchell ' worth 6 1. 13 s. 4 d., ' and 
brak the persewer his rebats of the window worth 6 1. and 
for cutting of thrie ploum tries perteaning to the said 
persewer,' worth 3 1. ; defender denied, pursuer referred it 
to his oath, who deponed negative. 

Retour {in Latin) of the special service of Margaret,. 
Elizabeth, and Mary Scot, lawful daughters of deceased 
William Scott, gardener in Halydean, as heirs portioners 
to deceased Robert Scot, portioner of Melrose, their grand- 
father, in 7 acres of land of the Annay of Melrose, and half 
of the lands of Bowarsbrae, with teindsheaves included, 
and those houses (' domiciliis ') and yards within the pre- 
cinct of the monastery of Melrose sometime pertaining to 
deceased John Scott, thereafter to deceased Mr. John Scott, 
and thereafter to said deceased Robert Scott ; also a tene- 
ment in Litle Fordell and two acres of the lands of Quarrel- 
hill, and a part and half part of the Wairds of Melrose ; all 
now worth 13 s. 4 d. of yearly rent, and held of John, Earl 
of Haddington, as superior, the 7 acres in Annay and half 
of Bowarsbrae paying 8 bolls of bear, Jedburgh measure, 
with the charity, commonly called the ' cuntrey mett 
bear,' and 7 capons, yearly, and the houses and yards in 
the precinct paying 51. 6 s. 8 d., while the tenement in 
Litle Fordell, 2 acres in Quarrelhill, and part and half of 



A BLOODWIT 203 

the Wairds, pay 3 1. 10 s., with 4 days' work yearly ; the 
infeftment being nullified if two terms' payment of feu- 
farm run into a third unpaid, or if the subjects be alienated 
to any save tenants and occupiers in Melrose inter se ; the 
subjects having remained in the liferent possession of 
Elizabeth Dowglas, widow of Robert Scott, since his 
decease over 20 years ago. The names of the assize are : 
Mr. Andrew Ker of Kippielaw, John Ker of Preistoun, 
Walter Riddell of Newhous, William Fischer, writer in 
Edinburgh, Andrew Riddell, younger, in Lilieslie, James 
Hendersone in Kippielaw, James Eillies of Huntliewood,, 
William Edgar, portioner of Melrose, James Edgar his son, 
John Mein, miller of Newsteid, William Fischer there, 
Andrew Mein, mason there, Michael Fischer in Darnick, 
Adam Lythgow, weaver in Melrose, and Thomas Stenhous, 
portioner of Newtoun. 

Melrose, 18 April 1668 ; Mr. Robert Maine. 

Which day action at instance of James Edgar, fiscal, and 
William Bell, portioner of Galtonsyde, against Andrew 
Fischar of Wester housbyre, who on 10 March last coming 
out of Galashiels ' not only most maliciouslie abuised and 
slandered the said William Bell with his tong but therefter 
without any just cause or occasione given be the said 
William Bell ' to him ' did beat stryk wound and hurt the 
said William Bell with his suord and staffe and neaffs by 
casting the said William Bell persewer severall tymes doune 
upon the ground ' to the effusion of his blood and hazard 
of his life. Pursuers compeared, producing ' ane band 
with blood,' and George Wallace, notary in Melrose, com- 
peared as procurator for the defender, producing a missive 
letter authorising him to refer the complaint to the pur- 
suer's oaths, which being done, the said William Bell, 
married, aged 52, deponed ' that the said Andro Fischer 
comeing out of Gallowsheills by him in Longhauch ground, 
efter some words past betuixt them, John Trotter being 
with the said William and holding him in his armes, the 
said Andro Fischer defendar did tak him tuyse or thryse 



204 MELROSE REGALITY RECORDS 

over the head with a staffe and bled him on the mouth, 
and therefter Andro Fischer hghting of his horse they 
stroak both at uthers, gripped uthers, and tumbled over 
uthers on the ground, and that the said Andro was in the 
bloodwyte also, and that the said William stroak the said 
Andro but gave no blood ' ; which being submitted to an 
assize of fifteen persons, they by their spokesman, James 
Ker, elder, in Melrose, found Fisher guilty both of the blood 
and bloodwite, and that Bell is guilty of no riot, having 
acted in self-defence ' efter he was greatlie provoaked be 
the said Andro Fischer by compaireing him to his dog ' ; 
whereupon the bailie ordains Fisher to pay 50 1. of fine to 
the fiscal for the blood, and 50 1. for being in the bloodwite. 

Eodemdie complaint by William Wilsone, Marion Smji;h, 
and Jean Bell, indwellers in Longhauch, against John 
Fratter, indweller there, narrating that ' past all memorie 
of man the haill cattell of the toune of Longhauch ware 
yearlie pastured and keiped be ane comone hird amongest 
the haill toun, untill this yeare John Fratter, defender, 
most wrongouslie doeth keip ane hird be himselfe and 
onnowayes wold keip nightbourheid with the saids com- 
pleanes as was used formerlie but eateth and destroyeth 
the saids persewers ther cornes and grass with his catell ' ; 
and desiring that he may either herd his cattle with theirs 
or keep them for destroying their corn and grass. Defender 
denied ' that ever he was in use to have his goods keipysed 
with the rest of the toun, and alledgit that his oune ground 
lyes be itself e,' to which the pursuers and John Bunzie 
their procurator answered they were ' in custome to be 
pastured with the rest,' which they proved sufficiently 
by Robert Lande in Longhauch and John Dewar iii Dry- 
grange, witnesses ; whereupon the bailie ordains the 
defender to keep neighbourhead with the rest ' according 
to old use and wont, by hirding his goods with the rest of 
his nightbours, provyding they come not to his oune 
proper grass, quhich is not comone, except use and wont,' 
under penalty of 40 s. for each contravention by him. 



BOWIE V. LITHGOWS 205 

Melrose, 25 April 1668 ; Mr. Robert Maine of Lochwood. 

Which day decerns John Tailyeor, flesher in Midlim, to 
pay to Mark Blaikie in Melrose 4 merks as balance of price 
of 20 sheep bought from pursuer 6 years ago ; both parties 
submitted to Thomas Law in Melrose, who declared 
' positivelie,' and ' for the rest lybellit absolves the de- 
fender ' ; 6 s. 8 d. expenses. 

Eodem die decerns George Wilsone in Thriepwood to 
pay to Robert Wilsone, maltman in Galashiels, 3 1. for two 
ewes bought by the pursuer from him at Martinmas last, 
or to deliver the ewes ; pursuer deponed ; 8 s. expenses. 

Eodem die decerns John and Andrew Lythgow, for 
themselves and the rest of the executors of deceased 
James Lythgow of Drygrange, their father, to pay to 
Thomas Bowie in Melrose 19 L 12 s. borrowed by their 
father from George Wallace in Melrose about 6 years ago 
" and sent the said persewer to receave the samen and to 
delyver it to him, quhich accordinglie he did, and for 
qvihich the said George Wallace hes obteaned decreit 
against the said persewer therfor ' ; defenders absent ; 
40 s. expenses. 

Melrose, 23 May 1668 ; Mr. Robert Maine. 

Which day decerns all and sundry the feuars, rentallers, 
possessors and occupiers of the lordship of Melrose, to pay 
to the Earl of Hadington their Whitsunday mail! or feu- 
duty, kains, carriages, etc., for 1668 and all bygones ; de- 
fenders absent. Extracted against Michael Fischer and 
his mother, Grizel Scott, for 56 1. 16 s. 1 d. for the ferme 
bear and wheat of their lands in Darnick, crop 1667, 
payable at Whitsunday 1668, and for 25 1. 16 s. 8 d. of 
feu duty for their other lands there, Whitsunday 1668, 
extending to 82 1. 12 s. 9 d. of principal, with 10 1. expenses ; 
also against Mungo Donaldsone in Melrose for 1 1. 10 s. 5 d. 
for feu and vicarage, 1665, and 3 1. for Annay ferme, crop 
1665, and 1 1. 10 s. 2 d. for feu and vicarage, 1666, and 



206 MELROSE REGALITY RECORDS 

3 1. for Annay ferme, croj) 1666, and 6 s. for a capon, 1665, 
with — of expenses. 

Eodem die decerns Alexander Trotter and Michael 
Fischer in Eister Housbyre each to pay to James Sheell of 
Haucheheid 3 1. for two bolls of oats eaten and destroyed 
by their nolt, horses, and sheep, crop 1667, growing upon 
Eister Housbyre ; defenders denied, pursuer proved both 
the eating and comprising by Thomas Bowstoun, George 
Hoy in Galtonsyde, and Thomas Wedderston in Eister 
Housbyre ; 12 s. expenses. 

Eodem die absolves James Gray, tailor in Blainslie, from 
action by James Sounhous there for 6 1. as rent and duty 
of a house in Blainslie alleged taken by defender from him 
from Whitsunday 1668 to Whitsunday 1669, ' or to shear 
in hearvest with the said persewer ' ; defender denied 
promising payment or taking any house from pursuer, and 
pursuer referred it to his oath, who deponed negative. 

Melrose, 30 May 1668 ; Mr. Robert Maine. 

Which day decerns John Litheheid in Melrose to flit 
and remove from a tenement and yard, malt kiln and malt- 
barn, in Melrose, two acres of land in the Aikers called the 
Hill, and five butts of land at the end of the Booklawes, and 
allow James Eillies of Huntliewood, proprietor, to possess 
and dispone the same ; pursuer produced his sasine upon 
a charter of apprising, 23 June 1667, and precept of 
warning, 21 March 1668, and defender produced no right 
and objected nothing to the contrary ; 10 merks expenses. 

Eodem die decerns David Oynes in Lessudden to pay to 
James Porteous in Plewland 24 1. due in a Ticket, 10 June 
1667, by defender to pursuer ; defender absent, ticket 
produced ; 5 merks expenses. 

Eodem die complaint by Agnes Mertoun, liferentrix 
of Old Melrose, and George Haistie there, her tenant, 
against Robert Forsan, miller in Newsteid, and many 
others, who ' dayly fisch upon the said Agnes her watter 



EJECTION OF TENANTS 207 

•of Tueid perteaneing to her betuixt Liddermouth and 



without her Hcence or consent.' The bailie prohibits 
Eorsan and all others to fish upon the said part of the 
river without her licence, under pain of ten merks for each 
contravention ; Forsan being asked by her if he had any 
right thereto, who declared he had none. 

Eodem die decerns the following persons, pretended 
tenants, possessors and occupiers, viz. Michael Fischer in 
Darnick, George Hoy in Galtonsyde, Andrew Fischer of 
Wester Housbyre, Agnes Mertoun of Old Melrose, and 
•George Haistie her tenant there, Robert Mein, portioner 
of Galtonsyde and Eildoun, Bessie Mein and James Lithe- 
heid her spouse, Jean Mean and Thomas Gray her spouse, 
John and Thomas Bell, weavers in Melrose, Alexander 
Maxwell, James Mairtine, William Wallace, weaver, 
William Wallace, merchant, Elizabeth Broun and John 
Hoy her spouse, Barbara Law, Alexander Ridpeth, in- 
■dwellers in Melrose, Adam Darling and Margaret Boyd his 
spouse in Westhouses, George Hoy, Walter Vaitch, John 
Maben, Thomas Maben, John Halywall, maltman, Margaret 
Freir and John Mein her son-in-law, Robert Freir, John 
Bartoun, John Dinant, Elspeth Trotter and Robert 
Bowstoun her son, Robert Mein, mason, James Bowstoun, 
and Thomas Bowstoun his son, JoHn Scott, George Bartoun 
Thomas Halywall, Henry Mylds, John Halywall ' Croce,' 
William Mertoun, tailor, Thomas Williamsone, indwellers 
in Galtonsyde, William Fischer in Newsteid, John Mein, 
maltman there, George Hownam in Bridgend, Nicol 
Merser there, Nicol Ushar there, Andrew Bowstoun there, 
-John Merser ' Lochbreast ' there, George Baittie there, 
and James Mertoun there, to flit and remove from the 
lands, tenements, yards, grass, pasturage, etc. possessed 
by them in these respective towns, so that John, Earl of 
Hadington, proprietor, may enter thereto and dispone 
thereupon ; because the Earl, compearing by Andrew 
Phaupe, notary in Melrose, his procurator, produced his 
sasine of the said subjects, with precept of warning executed 
forty days before Whitsunday 1668 ; defenders absent. 



208 MELROSE REGALITY RECORDS 

Eodem die decerns Alexander Newtoun, piper in Melrose, 
to pay to William Bell, portioner of Melrose, 5 1. 15 s. 8 d. 
for maill and duty of a house in Melrose, Whitsunday 1667 
to Whitsunday 1668 ; defender confessed ; 12 s. expenses. 

Eodem die decerns Helen Donaldsone, lawful child and 
executrix of deceased James Donaldsone, portioner of 
Blainslie, and her tutors and curators, to pay to James 
Caldcleughe in Blainslie 20 1. as the price of 3 ewes and 6 
wedders bought by her father from the pursuer in 1665 ; 
defender absent, pursuer deponed ; 40 s. expenses. 

Melrose, 6 June 1668 ; Mr. Robert Maine. 

Which day absolves Janet Landen and William Wilsone 
in Longhauch from action by William Calderwood, apothe- 
cary in Edinburgh, and Elizabeth Rankein his spouse,, 
having right to the third of the lands of Langhauch and 
Appeltrieleaves, by apprising at their instance against 
Mr. William Dowgood, and sasine 2 August 1667, and 
claiming rent and duty from said Janet Landen, who 
possessed 2 houses and yard in Longhauch, paying 20 L 
yearly, and from said William Wilsone, who possesses the 
lands of Longhauch called the Braidhauch, with teinds, 
pasturage of 30 sheep and a horse, and a house and yard 
there, paying 40 1. yearly. Janet Landen produced a 
contract of wadset, 1 March 1665, whereby Duguid dis- 
poned to her under reversion the said two houses and yard, 
with the teind thereof, and instrument of sasine, 30 March 
1668, made by Thomas Wilkiesone, notary, thereupon j 
and William Wilson produced a contract and obligation,, 
3 December 1661, by Duguid to him of the foresaid sub- 
jects, and sasine by said notary thereupon, 27 June 1667. 

Eodem die decerns Helen Donaldsone, portioner of Blains- 
lie, daughter and executrix of deceased James Donald- 
sone, and her tutors and curators, to pay to William Greive 
in Blainslie 20 1. of fee for a year's service by the pursuer to 
her father in 1666 ; defenders absent, pursuer deponed ; 
40 s. expenses. 



CATTLE TRESPASSING 209 

Eodem die decerns Michael Fischar, in Eister Housbyre, 
John and Alexander Trotter there, to pay to Andrew 
Fischar of Wester Housbyre 12 1. modified for 4 bolls of 
oats eaten by the defender's beasts ' throw ther slouthe- 
full hirding upon the ground of the lands posest be the 
said persewer and perteaning to John Trotter in Eister 
Housbyre,' in summer and harvest last ; defenders, com- 
pearing by John Bunzie their procurator, denied, and 
George Wallace, pursuer's procurator, referred to their 
oaths, who alleged that the pursuer ought first to depone 
' whither or not his oune bestiall eat any of it or not,' and 
deferred to pursuer's oath, who deponed that non of his 
beasts to his knowledge eat any of the forsaids cornes except 
a fouU, quhich he referred to the baillies modificatione,' 
and also deponed that the defender's beasts ate the corn. 
Absolves from the additional half boll claimed, ' for the 
forsaid foull ' ; 24 s. expenses. 



Melrose, 13 June 1668 ; Mr. Robert Maine. 

Which day action at instance of Andrew Darling, elder, 
one of the three portioners of Appeltrieleaves, against 
John Fratter in Longhauch his rentaller, narrating that the 
lands of Appeltrieleaves are valued yearly to 760 merks in 
stock and parsonage teind, whereof his third part is 253 
merks 4 s. 5d ., and to 40 merks of vicarage j^early, his part 
being 13 merks 4 s. 5 d., conform to decreet of valuation, 
15 December 1629, produced, and conform whereto the 
pursuer paid to the Earl of Hadington, titular thereof, 
from 1652 to 1667 exclusive ; but the defender, who as 
rentaller possesses as much of the pursuer's third part as 
should pay yearly 8 1. 10 s. 4 d. of parsonage teind and 
3 1. of vicarage teind ' for his lamb and nolt,' 1652 to 1667 
exclusive, amounting for the fourteen years to 160 1. 2 s., 
refuses to pay the same to the pursuer. Pursuer compear- 
ing, with John Bunzie his procurator, produced a Precept of 
Clare constat by John, Earl of Hadington, to him as eldest 
son and nearest heir to deceased Peter Darling, portioner of 
Appeltrieleaves, in said lands, and sasine following thereon, 

VOL. II. o 



mo MELROSE REGALITY RECORDS 

and foresaid decreet of valuation, and discharges to him 
for his proportion of teind duty for ' Appeltrieleaves and 
Longhauch' prior to 1652, and thereafter to 1667 (exclu- 
sive) ; defender compearing, with George Wallace, notary in 
Melrose, his procurator ; and it being shown by the dis- 
charges that Darling, prior to 1652, when ' the rentallers 
of Longhauch ther tak of the teynd did expyre,' paid to 
the Earl of Hadington 36 1. 16 s. of parsonage teind, and 
since that time paid 45 1. 6 s. 8 d. yearly, which is 
8 i. 10 s. 4 d. more than formerly, the defender ought to 
have relieved him thereof at the Earl's hands, whereto 
the defender answered that ' he hes not bein in use to pay 
the said eight pounds 10 s. 4 d. for his personadge teynds 
nor 3 I. for his viccaradge, but only of fyve pounds of 
personadge and of 25 s. of viccaradge,' and offered to prove 
this by discharges, but in place thereof referred the same 
to pursuer's oath, who deponed that the defender John 
Fratter paid the parsonage teind of his rentalled land to 
the Earl of Hadington till 1652, when the foresaid tack 
expired, and since that time the pursuer pays 8 1. 10 s. 4 d. 
to the Earl for the defender's teind duty ' more nor he 
payed befor,' and for the vicarage ' being confest be the 
said defender to be tua sowme of sheip and tua soume of 
nolt and a halfe yearlie.' Pursuer Jind defender submitted 
to the bailie's modification, who modified 50 s. yearly 
since 1652, superseding extract for 8 days till defender 
should qualify by writ what he was in use to pay for his 
parsonage teind yearly. Then the defender alleged that 
when the four ' dayesmen ' to whom the said controversy 
between the defender and deceased Peter Darling, pursuer's 
father, was submitted in 1656, found Fratter to be owing 
to Peter 4 years' parsonage teinds preceding crop 1656, 
they ordained Frater ' to allow to the said persewars 
father 20 1. to compleat the payment of the fower yeares 
teynd preceiding the said year 1656 exclusive off the forend 
of 70 1. quhilk they ordeaned the said persewars father and 
himselfe to pay to the said John Fratter defendar for ther 
wrongous spoolziatione of his goods, and ther rested fyftie 
pounds, quhilk he offerred him to prove be sua many of the 



ACTION FOR TEINDS 211 

«aids dayesmen as are yett on lyfe ' ; and he says that the 
said Andrew Darhng, ' in umquhile David Thomsones hous 
in Longhauch, did receave from him in anno 1661 or 1662, 
20 1. quhilk compleated the payment of the personadge 
teynds cropt 1656, 1657, 1658, 1659 ' ; and pursuer also 
received in name of the defender from Janet Pringle ' for 
the maill of ane hous of the defendars 4 or 5 years since or 
therby 5 1. for the personadge teynd cropt 1660, for quhich 
fyve pounds the persewer receaved pewder plaits.' To the 
first the pursuer replied that having given his oath that the 
years' teinds libelled are still unpaid, the objection ought 
not to be heard ; and denies the rest. The bailie reserves 
action to the defender against pursuer relative to the first 
objection, which is not here relevant ; and admits the rest 
to defender's probation, who referred to pursuer's oath, 
who deponed and confessed he received the foresaid 20 1. 
in David Thomsone's house from the defender ' in part 
of payment of his rentall dewtie and persoijadge teynds,' 
and confessed also that he received 5 1. from Janet Pringle 
in defender's name also in part payment thereof. There- 
upon the bailie decerns defender to pay to pursuer 8 1. 
10 s. 4 d. of parsonage teind for the fourteen years libelled, 
and 50 s. yearly of vicarage teind for his lamb and nolt 
for the said fourteen years, extending in all to 154 1. 4 s., 
-deducting 20 1. and 5 1. given in part payment as above. 

Eodem die decerns William Wallace, merchant in Melrose, 
to make forthcoming to John, Earl of Hadington, or his 
chamberlains, 3 bolls of oats with the straw, lying in his 
l3arn, pertaining to Mungo Donaldsone, portioner of Mel- 
rose, in satisfaction of 9 1. 7 s. principal and 18 s. expenses 
in decreet, 23 May 1668, at the Earl's instance against 
Donaldsone ; defender confessed. 

Eodem die decerns Andrew Penman in Melrose and James 
Bowar there to pay to Andrew Phaupe, messenger there, 
the former 13 1. for maill and duty of two acres of land in 
Dainyeltone ' taken be the said Andro from me for tua 
yeares, viz. from. Witsonday 1666 to Witsonday 1668 ' ; 
^nd the latter 36 1. 13 s. 4 d. for two years' rent of five acres 



212 MELROSE REGALITY RECORDS 

of land similarly taken, Whitsunday 1666 to Whitsunday 
1668. Bowar alleged that he gave over the lands to Phaup 
at Yule last, for this year 1668, and Phaup entered thereto 
by tilling the lee land and sowing some of it ; but Phaup 
denied, and it being referred by Bowar to his oath, deponed 
negative. Penman to pay 26 s. and Bowar 36 s. expenses. 

Eodem die the bailie ordains the inhabitants of Melrose 
' to obey the burlay men therof, under the payne of 5 L 
ilk persone whoe shall refuise or deforce the saids burlay 
naen present and to come.' 

Melrose, 4 July 1668 ; Mr. Robert Maine. 

Which day decerns John Hoy in Galtonsyde to pay to 
Margaret Barrie there 6 1. 8 s. for rent and duty of a house 
in Galtonside, Whitsunday 1667 to Whitsunday 1668 ; 
defender confessed that sum, and denied rest of claim, 
which pursuer referred to his oath, who deferred to pur- 
suer, who refused to depone ; 12 s. expenses. 

Eodem die decerns Thomas Law, weaver in Melrose, to 
pay to John Kar, portioner of Melrose, 41 1. 19 s. 8 d. for 
40 wedders bought from pursuer in November last ; de- 
fender confessed ; 10 1. expenses. 

Eodem die decerns John Scott in Galtonsyde to pay to 
William Merton in Westhouses 91. 'as for the remayne 
of certaine comes in hearvest last bowght and receaved 
be the said defender from the said persewar of his lands 
of Westhouses ' ; defender confessed ; and as for 5 1. 
more acclaimed, ordains defender to prove how he paid the 
same to pursuer ; 18 s. expenses. 

Melrose, 11 July 1668 ; Mr. Robert Maine. 

Which day decerns Andrew Darling, elder, portioner 
of Appeltrieleaves, to pay to Andrew Davidsone, school- 
master in Lilieslie, 5 1. as balance of a greater sum owing 
to pursuer ; defender denied, and pursuer referred it to 
his oath, who failed this day to compear ; 10 s. expenses. 



APPLETREELEAVES DISPUTE 213 

Eodem die decerns David Kyll, smith in Lessudden, to 
pay to James Porteous in Stodrig 20 1. for four bolls of 
bear for the ferme of his lands in Lassudden possessed by 
defender, crop 1666, at 5 1. the boll ; and the same for crop 
1667 ; defender absent, pursuer deponed ; 4 1. expenses. 

Eodem die decerns Robert Clerk in Galtonsyde and 
William Wright, smith there, to pay to William Forsan in 
Ridpeth mill 4 1. as agreed price of a net bought by defenders 
from pursuer at Whitsunday 1667 ; defenders absent, 
pursuer deponed ; 8 s. expenses. 

Eodem die decerns William Wilsone in Longhauch, 
Hobert Landen there, Andrew Darling there, and John 
Eratter there, to pay to William Calderwood, apothecary 
burgess of Edinburgh, and Elizabeth Rankein his spouse, 
as having right by apprising 'to the lands of Appeltrie- 
leaves and Longhauch pertaining to deceased Mr. William 
Duguid as follows : Wilson, 8 1. for rent and duty of a 
house built by himself, conform to Tack by Duguid to 
him dated 1 February 1667, for Martinmas 1667 and Whit- 
sunday 1668 ; Landen, 6 1., 2 hens and 2 days' work of a 
Tvoman, with the teind lint of the yard, conform to Tack 
by Duguid to him, and that yearly from Martinmas 1672 
[sic] ; Darling, 85 1. for rent and duty of the lands of 
Appeltrieleaves and Longhauch possessed by him, pertain- 
ing to Duguid and consequently to pursuers, Whitsunday 
1668, deducting the feu duty and public burdens that 
defender can instruct to have been paid for said term ; and 
Fratter, half a boll of bear, or 3 1., with 8 s., and a day's 
work of a man and horse in oatsowing time, bearsowing 
time, leading of corn in harvest, and carrying corn to the 
mill, respectively, or 5 merks ' for the samen,' with 4 days' 
shearing at 4 s. per day, inde 16 s., for rent and duty of 
certain lands in Longhauch possessed by him and per- 
taining to Calderwood, crop 1667, conform to the rental 
set by deceased Andrew Darling ' Eister,' author to the 
said Mr. William Duguid who was author to said William 
Calderwood, to the said John Fratter on 7th January 1643 ; 
and absolves Darling from maill and duty, Martinmas 



214 MELROSE REGALITY RECORDS 

1666 and Whitsunday and Martinmas 1667 ; because 
Wilson and Land [sic] produced their tacks, and Frater 
his rental, and declared they had paid all terms preceding 
the above ; and Darling alleged that his maill for Martin- 
mas 1666 and Whitsunday and Martinmas 1667 was 
arreisted in his hands and assigned by Mr. William Duguid 
to William Williamsone in Galashiels, and produced 
Duguid's assignation to Williamson, and John Bunzie,, 
procurator for pursuers, desired Darling to depone ' whither 
or not it was maid in defraude of creditors or not,' who 
deponed negative. 

Melrose, 18 July 1668 ; Mr. Robert Maine. 

Which day decerns John Coitt in St. Boswells to pay to- 
Janet Miller, spouse to William Walker, weaver in Darnick, 
50 merks contained in a Ticket by him to her ' wanting a 
daite ' but about 3 years ago ; defender absent, ticket 
produced ; 3 I. 6 s. expenses. 

Eodem die decerns Mr. John Lythgow, John Young,. 
William Anderson, John Andersone, John Broun, William 
Denhame, William Huntar, William Bell, feuars and 
possessors of Ridpeth, each to pay to Mr. Robert Maine 
of Lochwood, factor and chamberlain to John, Earl of 
Haddington, ' ane long cariadge for ilk pleughe gait of 
land possest be them for this yeare anno 1668, conforme 
to use and wont ' ; defenders absent. 

Eodem die absolves William Wilsone, weaver in Long- 
hauch, from action by John Frater, portioner of Longhauch,. 
' for certaine lands disponed be the said defendar William 
Wilsone to the said persewar and quhilk the said defendar 
is in possessione of and conteaned in the said dispositione 
daited 14 day of July 1650, and in this instrument of 
seasing daited the — day of — ; defender com- 
pearing, with John Bunzie his procurator, denied having 
any lands that are contained in the disposition, and asked 
that pursuer condescend what lands are contained therein 
that Wilson is possessing, which pursuer and his procura- 
tor, George Wallace, refused to produce. 



TUA WAIFE SHEIP 215 

Eodem die decerns William Ker in Longhauch to pay to 
Robert Ormestone in Galtonside 6 1., 4 1. whereof was 
borrowed at Martinmas 1666| and the rest due for drink 
and other necessaries ; defender absent ; 12 s. expenses. 

Melrose, 24 July 1668 ; Mr. Robert Maine. 

Which day decerns John Young and James Smyth in 
Thriepwood ' to delyver up these tua waife sheip, viz. a 
yew lamb and ane hog in Thripwood, in ther hands and 
custodie, to James Edgar, procurator fiscall, becaus the 
said sheep being proclaimed waife at the kirk door on 
Sunday and mercat croce on ane mercat day be Andro 
Kenniddie, officer, and non compearand to oune them,' 
and defenders being cited and absent, they were held as 
confessed. 

Eodem die decerns James Gastoun in Lassudden and 
John Fairbairn there to pay to Walter Scott of Raeburne, 
the former 141. for 3 bolls of bear as the ferme of a quarter 
of a husband land in Lessudden, crop 1667 ; and the 
latter 31. 2 s. 4 d. as balance of his ferme bear for a half 
husband land, crop 1666, and 91. 2 s. 8 d. for balance of 
the same, crop 1667 ; defenders cited by John Coitt, 
officer, but not compearing, and held as confessed ; 
Gastoun's expenses 28 s. and Fairbairn's 26 s. 

Eodem die decerns William Edgar, portioner of Melrose, 
to deliver up to James Eillies, portioner there, Adam 
Lythgow, portioner there, and James Edgar, younger, 
there, for themselves and the rest of the feuars of Melrose, 
the extract of a decreet at instance of the feuars of Melrose 
against Thomas Law, weaver there, before the sheriff of 
Roxburgh {no date) for principal and expenses (blank) for 
two months' cess uplifted by him from the pursuers ' and 
wherwith he ran away ' and they had to pay over again 
to the collector ; the pursuers paying Edgar 41. 10 s. 4 d. 
disbursed by him on their behalf to obtain the said decreet. 
Defender compearing acknowledged the decreet and pro- 
duced his account, 'and declaired upon his honest word 
he had receaved nothing therof from the toune of Melros.' 



216 MELROSE REGALITY RECORDS 

Eodem die decerns Thomas Wadderston in Craiksfuird 
to pay to Andrew Ogilvie, servitor to Longshaw, 39 s. 
as the price of a ' Dinmont sheep,' herded by the defender 
in Eister Housbyre, and bought by the pursuer from 
WiUiam Wallace, merchant in Melrose, who bought it 
from John Trotter of Eister Housebyre, ' and lost be the 
said defender throw his evill hirding ' ; defender absent ; 
4 s. expenses. 

Eodem die decerns Thomas Law, weaver in Melrose, to 
pay to Andrew Mar, for himself and the rest of the feuars 
of Galtonsyde, 23 1. 12 s. contained in a decreet obtained 
by the feuars of Galtonsyde before the sheriff of Roxburgh, 

25 January 1653, against the defender ; decreet produced, 
and Law compearing offered to prove the same paid, but 
succumbed ; 3 1. 6 s. 8 d. expenses. 

Melrose, 31 July 1668 ; Mr. Robert Maine. 

Which day decerns John Mylne, officer in Newtoun, to 
deliver to John Lamb, servitor to Francis Kinloch of 
Gilmerton, 18 waif lambs pasturing in Newtoun and 
apprehended upon Newtoun ground on 7 July 1668, being 
St. Boswells day ; because Lamb deponed that 8 of the 
said lambs pertained to Francis Kinloch, and other 8 to 
Alexander Smyth, and other 2 to David Congilton, ' which 
ware bought be them at Sanct Boswells fair being the 7 day 
of July 1668 forsaid, and lost upon Newtoun ground ' ; the 
said John Lamb always satisfying the feuars of Newtoun 
' for quhat skaith they have done, for the grass and officers 
fies.' 

Eodem die decerns Thomas Wadderstone in Eister 
Housbyre to pay to Alexander Lythgow of Drygrainge 

26 s. for a hog lost by the defender (being herd in Eister 
Housbyre) to the pursuer, and absolves defender from other 
four sheep claimed, ' he giveing on of the skines therof ' ; 
defences repelled, and defender to give oath whether or 
not he promised to keep the five sheep, who deponed 
negative except the foresaid hog and a hog that died where- 
of he has the skin ; 5 s. expenses. 



DRYGRANGE FISHINGS 217 

Eodem die decerns Robert Forsan, miller in Newsteid, 
to pay to Robert Clerk in Galtonsyde and WUliam Wright, 
smith there, 4 1. promised to be paid to them on 19 June 
1668 ' for certaine fishes taken be the said defendar upon 
Drygrainge watter (quherof the saids persewars ware taks- 
men) anno 1667 and befor Witsonday 1668'; defender 
denied, pursuers proved same by depositions of James 
Bowstoun, Walter Vaitch and John Halywall, elder, por- 
tioners of Galtonsyde ; 8 s. expenses. 

Melrose, 15 August 1668 ; Mr. Robert Maine. 

Which day decerns Marion Smyth in Longhauch to 
remove from the lands of Longhauch pertaining to Andrew 
Darling, younger, portioner there, with the grass and 
pasturage, that he and others in his name may enter to 
possession ; defender absent ; pursuer (by John Bunzie 
his procurator) produced sasine of third part of the lands 
of Appeltreeleaves and Longhauch, and precept of warning ; 
6 1. expenses. 

Melrose, 22 August 1668 ; Mr. Robert Maine. 

Which day absolves Robert Maben in Dainzeltoun from 
-action by Walter Turnbull of Bewlie, narrating that on 
14 August instant the defender agreed to serve the pursuer 
as ploughman from that day till Martinmas next, for 10 1. 
Scots, half a boll of bear, an old coat, and a pair of new shoes ; 
but he deserted the service. Defender ' alledged he was 
not able to hold the said persewars pleughe and indure his 
service in regard of his inabilitie and infirmenes,' which 
pursuer referred to his oath, who deponed thereupon. 

Melrose, 25 August 1668 ; Mr. Robert Maine. 

Which day decerns Janet Sheill, lawful daughter of 
George Sheill, weaver in Melrose, to enter to the service 
of Alexander Newtoun, piper, till Martinmas next, he 
paying her 36 s. and a pair of new ' shewes ' for last term's 
fee (Whitsunday) ; defender confessed she was feed, but 
the defender's wife ' strak her away.' 



218 MELROSE REGALITY RECORDS' 

Eodem die decerns Thomas Merser in Drygrange to pay 
to William Bowstoun, herd in Galtonsyde, 6 1. for 10 
threaves of oat straw bought from pursuer at Yule 1667 at 
12 s. the threave ; defender absent, pursuer deponed ; 12 s* 
expenses. 

Melrose, 3 October 1668 ; Mr. Robert Maine. 

Which day decerns James Merser and John Mein, malt- 
man, portioners of Newsteid, and Andrew Mein, mason 
there, to deliver to John, Earl of Hadington, the femae 
bear due by them to John Mein, eldest lawful son of deceased 
Barnard Mein, portioner of Newsteid, and John Davidson& 
there, his curator, for the lands in Newsteid and Annay 
possessed by them and pertaining to the said John Mein, 
John Davidsone and Barbara Anderson his spouse, crop- 
and year 1667, viz. by Merser 5| bolls, Teviotdale measure,, 
and by the rest the whole of what they owe, deducting 
public burdens, and arreisted in their hands in part pay- 
ment of 200 merks of principal, with annual rent and 
expenses, in Bond, 4 April 1666, by said John Mein and 
John Davidsone to the Earl, with decreet, 22 September 
1668 at registration of the bond. Merser and John Mein. 
compeared and confessed, Andrew Mein absent, and John 
Rodger, writer in Edinburgh, to whom the lands of New- 
steid pertaining to John Mein are disponed, compeared 
and consented to the sentence. 

Eodem die decerns all and sundry the following to- 
pay to Thomas Wilkiesone, clerk of Melrose, and collector 
of the stent imposed by the parish in 1664 for repair of 
the kirk of Melrose, their respective proportions there- 
of as follows, viz. — Alexander Lythgow of Drygrange, 

4 1. 5 s. 4 d. ; Mr. William Wallace of Hagburne, 7 s. 10 d ; 
Mr. John Scot of Longshaw, 1 1. ; George Pringle of Buck- 
holme, 7 1. 17 s. ; Isobel Lythgow, for Sorrowlesfeild, 
8 s. 6 d. ; for Kaidslie doors, 8 s. 6 d. ; Agnes Merton of 
Old Melrose, 8 s. 6 d. ; John Pringle of Williamlaw, 

5 1. 12 s. ; Robert Trotter of Eister Housbyre, 8 s. 6 d. j 
Mr. James Daes, for his lands of Craiksfuird, 1 1. 8 s. ; the 



DECREES FOR STENT 21 » 

remanent feuars of Craiksfuird, 8 s. 8 d. ; James Pringle, 
Colmeslie, 5 1. 18 s. 8 d. ; Andrew Fischer of Wester 
Housbyre, 5 s.; William Fischer, portioner of Easter 
Longley, 11. 4 s.; John Thine, John Stirling, Edward 
Darling, John Pringle, and John Sounhous, portioners of 
Blainslie, for themselves and remanent feuars of Blainslies, 
18 1. 18 s. 4 d. ; John Hall, John Lythgow, and William 
Moffett, ' Laird,' for themselves and remanent feuars of 
Thriepwood and Newhouses, 11. s. 8 d. ; Andrew 
Darling, William Wilsone, and John Fratter, portioners 
of Appeltrieleaves and Longhauch, 51. 15 s. 6 d. ; William 
Bell, portioner of Galtonsyde, for himself and remanent 
feuars of Galtonsyde and Westhouses, 8 1.; John Mein, 
maltman, and Andrew Mein, mason, portioners of Newsteid, 
for themselves and rest of the feuars of Newsteid, 3 1. 12 s. 
Defenders being absent are held as confessed ; 2 s. in the 
£ expenses. 

Melrose, 10 October 1668 ; Mr. Robert Maine. 

Which day decerns James Merser, portioner of Newsteid, 
to deliver to John, Earl of Hadington, 5| bolls of bear due 
by him to John Rodger, writer in Edinburgh, for the ferme 
bear of lands in Newsteid possessed by said James Merser 
and pertaining to John Mein, son of Barnard Mein, 
portioner there, and the said John Rodger, crop and year 
1668, and arreisted in part payment of Bond for 200 merks, 
4 April 1666, by said John Mein and John Davidsone in 
Ersiltone, his curator, to the Earl, and decreet thereanent, 
22 September 1668 ; defender confessed. 

Eodem die decerns Edward Darling, portioner of Blains- 
lie, ' to put up ane litle barne promitted be him to Jennett 
Spotswood, his mother-in-law, and to keip the samen 
windteight and watterteight to her dureing her lyftyme 
allenerlie,' and the said Janet to pay to him yearly 40 s. 
Scots therefor, conform to their agreement, ' and to have 
the divot earth of the land possest be the said Jennet 
Spotswood his mother-in-law ' ; for both parties referred 
the controversy to John Darling, Edward's brother, who 



^20 MELROSE REGALITY RECORDS 

deponed as to the bargain about the barn ; and Edward 
Darling referring to William Darling, lawful son of Janet 
Spotswood, anent the divot earth for thatching the barn, 
the said William deferred to Edward's oath, who deponed 
positively. 

Eodem die complaint by John Kar, portioner of Melrose, 
against Andrew Phaupe, officer there, narrating that the 
pursuer having caused certain workmen whom he hired 
' inclose ane peace of ground perteaning to him in Melrose 
called the Walker croft,' the defender (by what warrant 
the pursuer knew not) came, and in name of the bailie 
principal of the regality of Melrose and his deputes did 
prohibit and discharge the workmen from further working 
and enclosing the said ground ' by bigging a dyk therabout,' 
contrary to the Act of Parliament anent enclosing and 
parking, whereupon the workmen ceased, to his great 
prejudice. He craves production of the warrant, and 
that four or five honest men be appointed to visit the dyke 
and see if it is upon the complainer's own ground of Walker- 
croft and set down march stones between the said ground 
and Pryorwood. The bailie ordained Adam Lythgow, 
portioner of Melrose, James Wallace, elder, there, William 
Edgar there, Mark Blaikie there, and John Lowrie there, 
to visit the ground of Walkercroft and try the marches and 
set down march stones ; who reported ' that the thrie 
marchestones upon the west end and the dyk head east 
from thence is the marche betuixt Walkercroft and Pryor- 
wood to the best of ther knowledge,' to which the bailie 
interpones his authority and declares the same ' to be the 
only march betuixt Walkercroft and Pryorwood in all tyme 
heirefter.' (Nothing further.) 

Eodem die decerns William Bell, portioner of Galton- 
syde, to make forthcoming to James Edgar, fiscal, 6 1. 10 s. 
due by him to George Pringle, natural son of George 
Pringle of Buckholme, and arreisted in part payment of 
10 1. contained in decreet at the fiscal's instance against 
said George Pringle ; defender confessed. 



MELROSE MULTURES 221 

Melrose, 20 October 1668 ; Mr. Robert Maine. 

Which day decerns James Archbald in Lassudden and 
Mungo Patoun there, Andrew Riddell there, James Craw- 
fuird there, John Thorbrand there, John Lithan there, 
John Patoun, elder and younger, there, Robert Cochrane 
there, Thomas and David Unes there, to pay to John Mein, 
maltman, tacksman of the mills of Melrose, and James 
Edgar, fiscal, as follows : — ^Mungo Patoun anjd James 
Archbald, brewers, to pay to Mein half a boll of malt or 
3 1. Scots as the multure of 10 bolls of malt abstracted by 
each of them from the mills of Melrose ' in tyme of drouth 
and frost ' when the mill of Newtoun ' wants watter,' at 
which time they are thirled to the mills of Melrose, and 2 
fulls of humble corn or 40 s. as the multure of 6 bolls of 
humble corn, and 3 pecks ' shilling ' or 36 s. as multure of 
six bolls of oats, abstracted by them as above, since 1660 ; 
and the rest of the persons foresaid, each of them 5 pecks 
' shilling ' or 3 1. as the multure of 10 bolls of oats, and 
half a boll of humble corn or 50 s. as multure of 10 bolls 
of humble corn abstracted as above ; and each of the 
defenders to pay to the fiscal 101. of a fine for the said 
abstraction. Defenders absent and held as confessed. 

Melrose, 31 October 1668 ; Mr. Robert Maine. 

Which day compeared Mary Rodger, wife of William 
Andersone, portioner of Ridpeth, and ratified a heritable 
Bond granted by said William and her, with consent of 
John Rodger, writer in Edinburgh, to deceased James 
Lythgow of Drygrainge and William Lythgow in fee, for 
the annualrent of 22 1. corresponding to 550 merks of prin- 
cipal, to be uplifted from their husband land in Ridpeth 
called Coitsland, and dated 5 May 1664 ; declaring her 
consent to be voluntary and foreseeing her own profit. 

Eodem die decerns William Lj^thgow, lawful son of 
deceased James Lythgow of Drygrange, and Thomas Lyth- 
gow in Ersilton his brother, and tutor, for his interest, 
to exoner and discharge William Andersone, portioner of 



222 MELROSE REGALITY RECORDS 

Ridpeth, of the bygone annualrents of the principal sum of 
357 1. 6 s. 8 d., and of the principal sum itself, contained in 
a Bond of corroboration by said William Anderson as 
principal and George Bell as cautioner, to deceased James 
Lythgow of Drygrainge, on 3 August 1655 ; and to deliver 
up the said bond to Anderson ; because Thomas Lythgow 
confessed that said deceased James Lythgow had received 
the said bond' from Anderson and Mary Rodger his spouse 
to said James in liferent and said William Lythgow, his 
son, in fee, and referred to the granters' oaths what of the 
annualrents they had paid, who deponed they paid as 
follows, on 26 July 1659, 20 1. ; at Michaelmas 1661, 20 1. ; 
for 5 firlots of pease, 10 1. ; for 2 ' gryses,' 31.; in money, 
6 1. ; and on 18 December, paid by said George Bell for 
them 66 1. 13 s. 4 d. ; ' and for the soume of sex pounds 
Scots as the pryce [sic] sold and delyvered them to the said 
umquhill James Lythgow ' ; extending in all to 131 1. 13 s. 
4 d., which they paid to James Lythgow in his lifetime, in 
full payment of the annualrents. 

Eodem die decerns Thomas Bell, portioner of Eister 
Langley, to pay to Sir Thomas Ker of Fairnielie 10 1. as 
price of ' ane Munrois pistoU with silver barrs ' taken by 
the said Thomas from William Tait, servant to the said 
Sir Thomas Ker ; defender denied, alleging the weapon 
was gifted to him, and offered to prove same, but instead 
referred all to oath of Sir Thomas Ker, who deponed he 
never gifted the same ; and found James Ker, elder, in 
Melrose, cautioner for him to answer the said Thomas Bell 
as law will ; 20 s. -expenses. 

Eodem die decerns Alexander Lythgow of Drygrange to 
pay to David Denhame in Melrose 3 1. 10 s. received by 
Thomas Mylne, sometime his servitor, in defender's name 
from William Denhame, the pursuer's father, in part pay- 
ment of ' ane steip of beare ' sold by defender to William 
Denhame but never delivered ; defender desired pursuer 
to prove, who referred to defender's oath whether or not 
he received 12 s. ' in earnest of the bear,' who confessed the 
same but denied receiving any more ; and Thomas Mylne 



HALYWALL TOCHER 223 

deponed he received a dollar conform to defender's letter 
sent with him. Expenses, 7 s. William Denhame assigned, 
6 June 1668, to David Denhame his right to the same. 

Eodem die decerns Thomas Gray, indweller in Danyelton, 
to pay to Andrew Wallace, weaver in Melrose, 5 1. borrowed 
in July 1667 ; defender confessed ; 10 s. expenses. 

Eodem die decerns James Lithane in Galtonside to pay 
to Mr. John Lytligow, portioner of Ridpeth, 4 1. as balance 
of defender's proportion of the pursuer's fruit of his yard 
in Ridpeth bought by the defender from him in 1667 ; 
defender absent ; 8 s. expenses. 



Melrose, 14 November 1668 ; Mr. Robert Maine. 

Which day decerns Alexander Trotter in Eister Hous- 

byre to pay to Isobel , servitrix to Drygrange, 5 1. as 

fee for half a year's service wrought by her to him, Martin- 
mas 1666 to Whitsunday 1667 ; defender confessed ; 12 s. 
expenses. 

Eodem die decerns John Halywall, elder, portioner of 
■Galtonsyde, and Robert Halywall, portioner of Darnick, 
his eldest lawful son, to deliver to Thomas Halywall, 
weaver in Galtonsyde, a formal discharge for 300 merks 
received by said John in name of tocher with the de- 
ceased Isobel Halywall, ' first laufuU spous to the said 
Robert Halywall and sister to the said Thomas Halywall,' 
whereof 100 merks was received from said Thomas, another 
100 from Robert his brother, and another 100 from Helen 
Philp his mother. Defender confessed ; 5 merks expenses. 

Eodem die decerns James Mein, portioner of Eildoim, 
to pay to Alison Andersone, wife of James Rodger, cordiner 
in Edinburgh, 20 1. for fees for two years' service wrought 
by her to him in 1655 and 1656, and 4 I. borrowed by 
defender's wife from her at that time. Defender con- 
fessed that she served him, but alleged she took Jean 
Cairncroce, her own mother, debtor therefor, and adduced 
William Anderson in Ridpeth, John Broun, elder and 



224 MELROSE REGALITY RECORDS 

younger there, for proof, who all deponed that none heard 
her take her mother debtor for the defender for the said 
sums, but heard her crave repayment of the 4 I. lent to his 
wife, and this he promised to pay ; and Andrew Cairn- 
croce in Ridpeth being commissioned to take the deposi- 
tion of said Jean Cairncroce (in respect of her infirmity),, 
she deponed that Mein proposed no such thing as that she 
should be debtor for him. 48 s. expenses. 

Eodem die decerns all and sundry the feuars and pos- 
sessors of the lordship of Melrose to pay to John, Earl of 
Haddington, and his chamberlains their respective feu 
duties for Martinmas 1668 and bygones, conform to the 
rental ; defenders absent ; 2 s. per £ of expenses. [No 
names given.] 

Melrose, 28 November 1668. 

Which day decerns John Lythgow in Newhouses to 
deliver to James Edgar, fiscal, ' ane black held ox with tua 
hindermost whyte feett which was apprehendit waif be him 
goeing upon his ground of Newhouses upon Michaelmes 
day at even last, and declairs the samen to be waifte now 
and in all tyme comeing and to apperteane to the said 
James Edgar, procurator fiscall, deduceing, allowing, and 
paying to the said John Lythgow, defender, at the recept 
of the said ox thrie pounds Scots of expenses, cost and 
skaith susteaned be him in keiping of the said ox 20 dayes.*^ 
Defender confessed having the ox, and fiscal produced two 
executions by Andrew Kennidie, officer, who proclaimed 
the ox at the kirk door on two Sundays and at the market 
cross of Melrose on two market days, and none claimed the 
same then or since. 

Eodem die decerns James Moffet in Drygrange to pay to 
William Fischer, portioner of Easter Longley, 12 s. as the 
half of the price of 3 over ' sowmes ' pastured by him upon 
Eister Longley in 1665 as tenant to Thomas Bell there and 
neighbour to the pursuer, and absolves him from the rest 
of the claim by Fisher, viz. ' for keiping ane summe more. 



DARNICK FEUARS 225 

1665, ane summe, 1666, and for cutting to the [said] 
William Fischer 4 allar trees pryce and worth ilk one 1 1. 
10 s., and for eating and destroying his cornes and grass 
and teather[ing] his horse amongest the said persewers 
cornes and grass in hearvest 1667 fourtie nights pryce and 
worth 20 1. ; which particulars the pursuer referred to 
defender's oath, who confessed the three ' over sumes ' in 
1665, being only 3 stirks, and deponed negative as to the 
rest. 

Melrose, 5 December 1668 ; Mr. Robert Maine. 

Which day absolves John Moss, elder, portioner of 
Darnick, and Nicol Merser there, for themselves and 
remanent feuars of Darnick, from action by Thomas Law, 
weaver in Melrose, against them for 10 s. in each 100 1. of 
valued rent of Darnick promised by them to him in 1654 
' for his service to the Inglishes yearlie and ilk yeare 
dureing the haill space of the said persewers service quhilk 
was for the space of sex yeares extending yearlie conforme 
to the valued rent of Darnick (quhich is 530 1.) to f5rftie 
thrie shilling Scots, inde in sex yeares fyftein pounds 
eightein shilling Scots ' ; defenders denied, pursuer re- 
ferred to their oaths, who deponed negative. 

Eodem die decerns Robert Laidlaw, tenant in Allan 
shawes, and William Cairncroce his master, to pay to 
Robert Mein of Eist Moriestoun 50 1. 13 s. 4 d. of principal 
with 4 1. expenses due by Laidlaw to his master and 
arreisted for 40 1. principal and 10 marks expenses con- 
tained in Bond, 19 September 1666, by Cairncroce to Mein, 
and decreet thereupon, 11 November 1667 ; defender com- 
peared by George Wallace his procurator and denied 
owing anything to Cairncroce at time of arreistment, which 
pursuer (by John Bunzie his procurator) referred to his 
oath, who failed to compear and depone ; said 4 1. ex- 
penses. 

Eodem die decerns Grizel Scott, widow in Darnick, to 
pay to Alexander Trotter in Eister Housbyre 4 1. for two 
stacks of peats bought by her and her servants from the 

VOL. 11. p 



226 MELROSE REGALITY RECORDS 

pursuer out of his moss of Eister Housbyre in harvest 

1667 ; because pursuer deponed the debt was owing ; 8 s. 
•expenses. 

Eodem die decerns PhiUp Darhng in Longhauch and 
WDliam Ker in Galashiels to pay to William Calderwood, 
apothecary, burgess of Edinburgh, appriser of the third 
part of Appeltrideaves and Longhauch, sometiine pertain- 
ing to Mr. William Duguid, the former 4 1. and the latter 
30 s., and 4 small fulls of bear or 45 s., as maUl and duty of 
certain lands in Longhauch possessed by them, Whitsunday 
and Martinmas 1667 and Whitsunday and Martinmas 

1668 ; defenders absent ; each 8 s. expenses. 

Eodem die decerns Walter Ker, merchant in Melrose, to 
pay to John Broun, merchant in Coldstream, 24 1. 18 s. 
for merchandise bought in June last conform to account, 
to be paid on 25 July thereafter ; defender absent ; 48 S: 
expenses. 

Melrose, 12 December 1668 ; Mr. Robert Maine. 

Which day decerns Michael Gibsone, flesher in Melrose, 
to pay to Alexander Trotter of Eister Housbyre 4 1. as 
balance of price of tups bought about 2 years ago from 
pursuer ; defender denied, but pursuer adduced John 
Maxwell in Melrose and John Bell there, who deponed 
they heard the said Michael promise payment, and pursuer 
also deponed he had received no part thereof; 8 s. expenses. 

Melrose, 19 December 1668 ; Mr. Robert Maine. 

Which day decerns John Naper in Williamlaw to pay 
to John Pringle of Williamlaw 40 1. as price of 6000 divots 
* casten, fitted and ricked ' bjJ^ Pringle on his own ground 
of Williamlaw and wrongfully intromitted with by Napier 
in June or July 1668, and 16 1. as price of the grass of 40 
sheep pastured by Napier, when he was herd in Williamlaw 
upon the pursuer's ground more than he ought to have 
had pastured, in 1666 ; defender absent, decerns, super- 
seding extract for eight days ; 5 1. expenses. 



DISPUTE ABOUT ' ANE BEE SKEP ' 227 

Eodem die absolves Robert Blaikie, herd in Hagburne, 
from action by John Duncan in Ilarae, narrating that 
Blaikie was herd in Williamlaw in 1667 and received some 
sheep from the pursuer to herd, but lost a wedder sheep 
worth 4 1. and a ewe worth 3 1., and should produce skin 
and birne or else pay the worth ; defences repelled, pro- 
posed by defender and Andrew Phaupe his procurator, in 
respect of answers by pursuer and George Wallace his 
procurator and admitted to pursuer's probation, who 
adduced John Wilsone in Laodupmoor, William Taite 

in Williamlaw, John Patersone in , and George 

Wilsone in Thriepwood, who all deponed ' negative that 
any of them did sie the foresaid sheep delyvered be the 
said persewer to the said defender or that the defender 
lost any of them.' 

Eodem die absolves John Bell, weaver in Melrose, from 
action by Michael Gibsone, flesher in Melrose, complaining 
that five years ago Bell wrongfully took away ' ane bee skep 
with bees ' pertaining to him out of Mr. John Lythgow's 
yard in Melrose then possessed by him, worth 21 merks ; 
also * the ofspring and profeit therof yearlie thrie hyves 
of bees extending to fiftein hyves of bees, pryce and worth 
ane hundereth pounds Scots,' in all 113 1. 13 s. 4 d. De- 
fender alleged the bee-skep was gifted to him by pursuer, 
and adduced George Merton, tailor in Melrose, and Andrew 
Merton his brother, who deponed the pursuer did gift the 
same to the defender. 

Eodem die decerns Margaret Broun, widow in Melrose, 
to pay to John Coitt, officer in Lassuden, 3 1. Is. 4 d. as 
balance of price of wheat bought from him some years 
ago ; defender referred to pursuer's oath whether or not 
lie directed her to pay that sum to Barbara Ker (and which 
she alleged she paid), who deponed he never ordered her 
to pay the same to Barbara Ker ; 6 s. expenses. 

Melrose, 26 December 1668 ; Mr. Robert Maine. 

Which day decerns Andrew Mein, mason in Newsteid, 
and John Mein, eldest lawful son of deceased Barnard 



228 MELROSE REGALITY RECORDS 

Mein, portioner of Newsteid, and John Davi^sone in 
Ersilton, his curator, to pay to John, Earl of Haddington,, 
2 bolls and 2 pecks of bear, Tey^^ittiale measure, due by 
said Andrew to said John Mein and arreisted in part pay- 
ment of 200 merks in bond, 4 April 1666, by John Mein 
and his curator to the Earl, and decreet 22 September 
1668, thereupon ; defender confessed owing the same for 
crop 1668, deducting public burdens paid out by him for the 
lands of Coatyairds possessed by him. 

Eodem die decerns Jean Cairncroce, widow in Ridpeth,^ 
to pay to William Kenniddie and Bessie Anderson his 
spouse ■■ as ane of the executors to umquhill Thomas Ander- 
sone, maltman in Kelso, and as assignay from Thomas 
Fallay, merchand in Kelso, and Issobell Andersone his 
spous^ ane other of the executors,' 19 1. due by her to said 
deceased Thomas Anderson by decreet of the sheriff of 
Berwick 17 October 1661, at his instance against her. 
Precept produced, also testament of Thomas, and assig- 
nation on 18 December instant by Fallay to Kennedy; 40 s. 
expenses. 

Eodem die absolves George Haistie in Old Melrose and 
Robert Haistie, his son, from action by Agnes Merton, 
liferentrix of Old Melrose, narrating that in October last 
the defenders' ' ther stoned horse did kill ane meare per- 
teining to the said Agnes Merton,' worth 30 1. Scots, 
' and gott the skine and shoes of the said meare ' and 
promised her the full worth that the mare should be esti- 
mated to by James Mein, smith in Newsteid, and John 
Heitoun, weaver [there ?] ; and decerns them to pay to 
her 18 s. for the hide and shoes. Defenders denied, and 
it being referred to their oaths, they confessed that the 
hide and shoes of the mare were brought into their house 
by the pursuer and lie there still, but deponed they never 
promised the worth of the mare, only George Haistie said 
to the pursuer ' that his sone and her should never be 
hard for the meare, and bad his man only help out with 
the mear out of the hous quher she was dead but bad him 
not middell with the skine nor shoes.' 



CRAIGHOUSE FEU-DUTY 229 

Eodem die decerns William Ker, portioner of Newtoun, 
to pay to George Wallace, notary in Melrose, 24 1. as two 
years' annualrent (1666 and 1667) of 300 merks due by 
Bond granted to Mr. Michael Wallace, who assigned to 
pursuer ; defender absent ; 48 s. expenses. 

Eodem die decerns William Fischer, portioner of Eister 
Lorigley, to pay to James Moffett in Drygrange 3 1. 6 s. 8 d. 
modified for a boll of oats eaten and destroyed by his 
beasts on the ground of Eister Longley possessed by Moffet 
and pertaining to Thomas Bell, 1667 ; defender refused to 
depone, held as confessed, but desired pursuer to clear his 
own beasts, who deponed they ate none after Whitsunday 
1667. John Hownam in Bridgend and Nicol Merser there 
deponed that in harvest 1667 they comprised the corn 
eaten to 3 bolls of oats, ' quherof ther was some evill 
threaven and eaten befor Witsunday 1667,' so the bailie 
modified one boll eaten before Whitsunday, and another 
boll for Thomas Bell's beasts ; 7 s. expenses. 

Eodem die decerns John Anderson alias ' Jeames John,' 
portioner of Ridpeth, ' aither to purge and releave James 
Garner in Ridpeth and John Winter there ther cornes in 
Ridpeth quhich grew upon the lands of Craighous anno 
1668 perteaning to the said John Andersone of all arrist- 
ments laid on at the instance of John, Earle of Hadington, 
for the soume of ten pounds Scots awand be him to the 
said Earle for the few dewtie of the saids lands of Craig- 
hous possest be them and pertining to him, or otherwayes 
to mak payment to them of the said ten pounds for ther 
releiff of the samen few dewtie ' ; defender confessed he 
promised to relieve them thereof ; 24 s. expenses. 

Eodem die decerns Janet Brotherstones, wife of James 
Archbald in Lassudden, to pay to James Gastoun in Temple- 
hous, 8 1. 12 s. in Ticket, 13 December 1665, by her to 
pursuer, witnesses being David Unes in Lessudden and John 
Maben in Maxtoun, and 20 s. modified for a firl6t of bear 
o#ing by defender to pursuer, crop 1667, and 20 s. as 
balance of price of wheat bought from pursuer about 



230 MELROSE REGALITY RECORDS 

2 years ago ; James Archbald alleged the sums were paid, 
and referred to pursuer's oath, who deponed the debts were 
justly owing and no part paid ; 20 s. expenses. 

Melrose, 9 January 1669 ; Mr. Robert Maine. 

Which day the bailie ordains the clerk of court to 
register the bonds granted by John Bunzie, portioner of 
Newsteid, and Mark Blaikie, portioner of Melrose, to the 
minister and elders and kirk session of Melrose, and direct 
precepts thereupon at the instance of the present minister 
and elders against them. 

Eodem die decerns all and sundry the inhabitants of the 
parish of Melrose to make use of the two mortcloths now 
provided by the kirk session, and to pay the due for the 
same, viz. 40 s. for the velvet, and 12 s. for the ' stuffe ' 
mortcloth, and discharges 1;hem from keeping or using 
any other mortcloth under a penalty of 6 1 for each contra- 
vention ; this to be intimated at the market cross and 
kirk door. 

Eodem die Thomas Bell, portioner of Easter Longlie, wa& 
fined 50 1. for blooding John alias Jock Ker, and other 50 L 
for being in the bloodwit, ' and to redeliver him 58 s. ' j 
defender absent, pursuer deponed. 

Eodem die decerns Andrew Fisher of West Housbyre to * 
pay to Alexander Trotter 30 s. ' for ilk ane of sex oxen 
tailles his dog at his hounding pulled away ' ; proven ; 
18 s. expenses. 

Eodem die absolves John Sklaiter, son of Richard 
Sklaiter, portioner of Eildon, from action by Janet Bowar, 
only lawful daughter of deceased Thomas Bowar weaver in 
Minto, who was eldest lawful son of deceased Thomas 
Bowar portioner of Eildoun, for exhibition of writs j 
defender deponed negative. 

Eodem die decerns Andrew Phaupe, Adam Lythgow, and 
James Waughe and James Patersone in Danzielton burla- 
men, to pay to Andrew Penman 8 1. ' for his serveing of the 



ANNAY FEU-DUTIES 231 

calsay men at Melros,' and 58 s. * for his attending the 
cairts,' because he deponed he wrought as much work as 
the 8 1. comes to ; 22 s. expenses. 

Melrose, 16 January 1669 ; Mr. Robert Maine. 

Which day decerns Patrick Lukupe, wright in Melrose, 
to pay to James Edgar, fiscal, 10 1. for striking Robert 
Gairner there, and the said Robert to pay 5 1. ; proven by 
witnesses. 

Eodem die decerns William Ker, portioner of Newtoun, 
to pay to Robert Cook, lawful son of Andrew Cook, por- 
tioner of Melrose, 5 1. of fee from Whitsunday 1666 to 
Martinmas 1666 ; defender absent, Andrew Cook deponed. 

Melrose, 23 January 1669 ; Mr. Robert Maine. 

Which day decerns James Milne in Melrose and Mungo 
Donaldsone, portioner there, to pay to John, Earl of 
Hadinton, etc., 8 1 2 s. due by him to Donaldsone and 
arreisted for payment of the said Donaldsone's Annay 
ferme bear, crops 1666, 1667 and 1668, and feu duties and 
vicarage for his tenement, said crops, due to the Earl ; 
defender confessed ; supersedes extract till Whitsunday. 

Eodem die decerns Isobel Thomsone, widow of Thomas 
Wilsone, mason in Galtonside, to pay to Robert Bunzie, 
mason in Newsteid, 58 s. as balance of 7 1. of maill and duty 
of a house and yard in Galtonside set by him to her from 
Whitsunday 1668 to Whitsunday 1669, deducting 24 s. 
for damage sustained by her through pursuer's not keeping 
the house watertight. She confessed taking the house and 
yard, and alleged 4 1. 2 s. paid. Expenses 8 s. 

Eodem die decerns William Denham, portioner of Rid- 
peth, to pay to Isobel Lythgow, goodwife of Sorrolesfeild, 
52 1. 10 s. for 5| bolls of bear ' bought and receaved be him 
from her of 20 bolls beir bought be him frae her in Apprill 
1666,' and 7 1. 10 s. as balance of price of oats received from 
her in 1666 ; John Bunzie, defender's procurator, ' past 



232 MELROSE REGALITY RECORDS 

from his compeirance,' and pursuer deponed the defender 
owed the foresaid sums ; 6 1. expenses. 

Eodem die decerns Thomas Ker in Newtoun to pay to 
Gavin Eliot of Grange ferme bear and vicarage for the 
croft in Midlim called the Toftcroft possessed by him 
and pertaining to the pursuer, viz., for crop 1662, 3 fulls 
of bear, at 6 I. 16 s. ; for crop 1663, 3 fulls of bear, 3 1. 
16 s. ; crop 1664, 3 fulls of bear, 3 1. 12 s. conform to 
the respective fiar's prices ; also 6 s. yearly of vicarage 
for the said 3 years, inde 18 s. ; total, 14 1. 4 s. whereof 
the defender was obliged to relieve the pursuer at the 
hands of Mr. James Knox, minister at Bowdoun, and 
for which the pursuer is now distressed. Defences re- 
pelled, pursuer proved claim by depositions of Thomas 
Ker, portioner of Midlim, and Walter FouUer there ; 
24 s. expenses. 

Melrose, 30 January 1669 ; Mr. Robert Maine. 

Which day decerns Thomas Law, weaver in Melrose, 
to pay to James Edgar, fiscal, 5 1., ' for his opposeing of 
the jugging of the stopes and engadgeing to bring ane 
jug out of Jedbrugh brunt and sealled by the deane of 
gild, quherin he succumbed.' 

Eodem die ' anent the complent given in be James 
Edgar, procurator, against the haill officers for refuising 
to put the decreits to executione, Kennedie was imprisoned, 
and the rest ordered to use their offices quhen imployed.' 

Eodem die decerns Thomas Bell, portioner of Easter 
Longlie, to pay to Mr. Michael Fishar of Sorrolesfeild 
3 1. 14 s. paid out by the pursuer * for the defenders 
reckning at the Fleice taverne in Leith in December 
1667,' of which the defender promised payment ; referred 
to defender's oath, absent ; 8 s. expenses. 

Melrose, 6 February 1669 ; Mr. Robert Maine. 

Which day decerns Andrew Penman, portioner of 
Melrose, to pay to Mark Blaikie and Margaret Nicoll 



A BLOOD WITE 233 

his spouse 42 s. 8 d. for drink furnished to him, and 
24 s. for 2 fulls of bear borrowed from them in May last ; 
defender denied, referred to his oath, who deferred to 
pursuers, ' and confest the 2 fulls beir ; juramento actoris 
he payed sex pund for the beir and of his wife [sic] for 
the drink ; extracted for 31. 12 s. principall and 9 s. 
of expenses of pley.' 

Eodem die decerns John Broun in Newsteid to pay to 
Walter Scot of Gledswood 10 1. for cutting and taking 
^way certain trees out of Gledswoodbank on 19 January 
1669 ; denied, referred to his oath, who refusing to depone 
was held as confessed ; absolves Andrew Wilsone, who came 
in pursuer's will, who passed from him. 

Eodem die decerns John Mein, maltman in Newsteid, 
to pay to Andrew Wallace, weaver in Melrose, 10 1 of 
principal and 20 s. expenses out of the fore end of the 
ferme bear due by him to John Davidsone and his spouse, 
who are addebted to the pursuer in that amount by 
decreet ; defender denied promise, referred to his oath, 
who deferred to pursuer, who deponed that the defender 
promised him payment ; 20 s. expenses. 

Eodem die decerns George Pringle in Coblehous to pay 
to James Edgar, fiscal, 50 1. for striking and blooding 
Andrew Fisher on 1 February, as it is proved by witnesses 
and found by assize that he is guilty of the blood, ' he 
haveing a knife in his hand and threatned Andro Fishers 
man quhen he went to seik persones to red,' and 10 1 .for 
a, riot in striking Robert Mertoun ; and fines Thomas 
Bell, portioner of Longlie, 50 1. for being in the bloodwit, 
and 10 1. for a riot in striking Andrew Fisher ; absolves 
Andi^ew Fisher. 

Melrose, 13 February 1669 ; Mr. Robert Maine. 

Which day decerns John, Andrew, William, David, 
and James Lythgow, sons and executors of deceased 
James Lythgow of Drygrange, to pay to Alexander 
Trotter in Easter Housebyre 20 1. for 10 stacks of peats 



234 MELROSE REGALITY RECORDS 

bought by their father in 1665, which were never paid j 
proved by witnesses ; 40 s. expenses. 

Eodem die decerns Isobel Pringle and Elizabeth Broun 
her daughter, and John Hoy [ ? Hog ] her spouse, ' to 
remove ther dyk from of WiUiam Bowar, portioner of 
Melros, and John Bowar his sone, the wall of ther houses 
twa foot and a halfe, and to give the saids persewars 
frie ishe and enteric to ther yaird, and to suffer them to 
pass and repasse therto as they ware in use and wont of 
befor the interruptione now and in all tyme comeing, 
under the paine of ten pund Scots and all uther hiest 
paine and charge that efter may follow ' ; because the 
defenders confest that the deceased John Brown, father 
of said Elizabeth, ' did big upe and build the samen in 
his owne liftyme without oppositione or interruptione 
of the persewer,' and the pursuers desired the bailie to 
appoint 5 honest men of the town of Melrose to visit the 
yard and dyke and entry controverted, who on 6 February 
nominated James Wallace, elder, portioner of Melrose,^ 
Andrew Cook there, William Edgar there, Thomas Law 
and Thomas Lukupe there, who on 12 February 166^ 
reported ' that the said William and John Bowars ther 
enteric which they had of old to ther yaird lybelled being 
2 foot and a halfe broad is stopped and interrupted only 
be anc'dyk bigged be the said Issobell Pringle and her 
said umquhile husband John Brown upon ane peace of 
waist ground adjacent to the said William and John 
Bowars ther yaird lybelled.' 

Melrose, 13 March 1669 ; Mr. Robert Maine. 

Which day decerns Walter Ker, merchant in Melrose, 
to pay to John Sintown, merchant burgess of Selkirk, 
61. 6 s. 8 d. 'as the agried price of ane roll of tobacco 
weighting 10 pund 2 unce at 13 s. 4 d. the pund,' bought 
on 9 April 1668, also 22 s. 6 d. for a half roll of tobacco 
bought on 7 May last ; defender absent ; 10 s. expenses. 

Eodem die decerns John Leithead, portioner of Melrose, 



SUNDRY DECREES 235 

to pay to Robert Hog in Dryburgh 14 t 8 s. for 3 bolls of 
malt at 6 1. 8 s. the boll, bought about a year ago ; defender 
alleged that he promised to pay to Robert Leitheid, the 
pursuer's creditor in a greater sum, what should be found 
due by him after accounting, which he referred to pursuer's 
oath, who deponed negative and that he gave bond to 
Robert Leitheid for what he was owing him without 
compensation of the sum libelled ; pursuer to find caution 
to answer the defender as law will ; 30 s. expenses. 



Melrose, 10 April 1669 ; Mr. Robert Maine. 

Which day absolves James Edgar, younger, executor 
to Margaret Eillies, widow in Melrose, his mother, from 
action by William Bell, portioner of Galtonside, for 
10 1. 12 s. due by defunct and contained in decreet in 
1664 at his instance against her ; also 5 1. 16 s., also for 
his lands in Melrose, crop 1666, 18 1. 6 s. 8 d. and crop 
1667, 36 L 13 s. 4 d. ; also due by said James Edgar a 
boll of bear, for crop 1667 ; total 76 1. 9 s., of which 
Margaret EUeis made no payment in her lifetime. Defender 
produced an absolvitor of the foresaid action pursued 
before the sheriff court of Roxburgh, dated 14 April 1668. 

Melrose, 24 April 1669 ; Mr. Robert Maine. 

Which day decerns Michael Dicksone, sometime in 
Blainslie, now in Fanss, to pay to Alexander Dicksone,- 
merchant in Blainslie, 31. 4 s. as balance of price of a 
stone of wool bought from pursuer at Midsummer 1668 ; 
defender absent ; 6 s. 8 d. expenses. 

Eodem die decerns James Edgar, younger, in Melrose, 
to pay to George Pringle of Buckholme 30 s. ' for ilk 
ane of the said James his 3 nolt beasts that lay in the 
persewers comes all night upon the last day of July last,' 
inde 41. 10 s. ; proved by witnesses, and modified by 
Andrew Mar, John Milne and Andrew Chisholme, whom 
the bailie appointed to consider the ' skaith.' 



236 MELROSE REGALITY RECORDS 

Melrose, 1 May 1669 ; Mr. Robert Maine. 

Which day decerns Mark Pursell and Andrew Uns, 
weavers in Lessuden, to pay to Jean Dabsone 15 1. for a 
weaver's loom bought from her ; defenders confessed ; 
30 s. expenses. 

Eodem die decerns James Eillies of Huntlywood to 
pay to Thomas Cochrane, portioner of Newtown, 16 1. 
Scots ' or ane — — horse in his hands perteining to John 
Dicksone in Kelso ' and arreisted by Andrew Phaupe, 
messenger, at instance of Cochrane for 16 1. due by 
Dicksone to him ; defender absent ; 30 s. expenses. 

Melrose, 5 June 1669 ; Mr. Robert Maine. 

Which day decerns William Fisher, portioner of New- 
steid, to pay to John Wallace, his servitor, 41. 6 s. for 
a term's service about 2 years ago ; defender confessed, 
but alleged the pursuer's father was owing him as much ; 
repelled ; 9 s. ej^enses. 

Eodem die decerns James Huntar in Eildoun to pay to 
Bartholomew Mein there 3 half firlots of bear of the ferme 
resting for 1668 ; proven by witnesses ; 4 s. expenses. 

Eodem die decerns John Patoun in Lessuden to pay to 
James Gastoun in Templehall 11 1 12 s. of principal and 
20 s. of expenses contained in decreet at pursuer's instance 
against James Archbald and Janet Brotherstone his 
spouse, 26 December 1668, whereupon John Coitt, officer, 
arreisted in Patoun's hands 6 bolls of bear and malt 
pertaining to said James Archbald and his spouse, and 
a brown mare ; defender [Paton] denied, referred to his 
oath, who confessed ' he took 2 loads of it to the water 
to steip.' 

Eodem die decerns Margaret Riddell in Lessudden to 
pay to John Coitt, officer there, 91. 18 s. as balance of 
price of malt bought by her ; defender absent ; 20 s. 
expenses. 



REMOVING TENANTS 237 

Melrose, 19 June 1669 ; Mr. Robert Maine. 

Which day decerns Robert Forsan in Newsteid to pay 
to James Merser, portioner there, 21 s. for seed oats 
bought from pursuer, and H s. for ' leadeing out of muck,' 
and 24 s. for leading divots, about 2 years ago ; referred 
to defender, who deferred to pursuer, who deponed positive ; 
4 s. expenses. 

Eodem die decerns George Mudie in Darnick to pay 
to Grizel Scott, widow there, 41. of fee .' for his sone 
James Mudie he hired at Paishe last to serve from Wit- 
sonday last to Martinmas nixt,' or enter to the said service 
within 48 hours ; defender absent. 

Melrose, 26 June 1669 ; Mr. Robert Maine. 

Which day decerns Thomas Bell, portioner of Easter 
Longlie, to pay to Alexander Bennet, sometime servitor 
to Robert Petrie, now servitor to John Pringle of William- 
law, 10 1. due by him to Patrick Cairfrae, burgess of 
Musselburgh, for meat and drink to himself and corn 
and straw to his horse and borrowed money and other 
necessaries furnished by the said Cairfrae to him in his 
house when he was quartered at Musselburgh, conform 
to account between them before Adam Darling and 
Walter Carnecroce, two of his comrades, and which 
debt the said Patrick assigned to the pursuer on 3 February 
1669 ; pursuer produced the assignation, and a declara- 
tion ' under the baillie of Mussilbrughs hand ' that the 
debt is owing ; 20 s. expenses. 

Eodem die decerns Margaret Eliot, widow in Danzielton, 
James Patersone her son there, James Eillies ' Walkerraw ' 
there, Margaret Eillies and Thomas Bichet her son there, 
Robert Maben there, Margaret Brown in Melrose, William 
Wallace and George Sheill, weavers there, to remove 
from the town and lands of Danzielton conform to warning 
made at Pasch last, so that John, Earl of Hadington, 
and his nominees may enter and possess the same ; 



238 MELROSE REGALITY RECORDS 

' because James Patersone, Thomas Bichet and Robert 
Maben, all present, confest ther fathers ware only rentallers, 
and since they ware deceased they ware content to tak 
new rentalls, quhich the baillie repells, and all the rest 
being absent was holden as confest.' 

Eodem die decerns Jean Carnecroce, widow in Ridpeth, 
to pay to John Winter, weaver there, 7 1. for 7 ' mikle 
fulls ' of bear ; defences repelled, pursuer refers to her 
oath, who defers to pursuer's oath, who depones positive ; 
14 s. expenses. 

Eodem die decerns William Wallace, weaver in Melrose, 
to pay to William Fisher, portioner of Newsteid, 4 1. 
due by him to George Alexander in Edinburgh and arreisted 
in part payment of 18 1. 11 s. 4 d. of principal and 36 s. 
of expenses in decreet, 4 June 1664, at pursuer's instance 
against George Alexander ; defender absent ; pursuer 
deponed. 

Eodem die decerns James Wauche in Melrose to pay to 
Robert Ker there 6 1. due by Alexander Newton, piper 
there, by Bond, for which the defender became debtor 
and promised payment within 24 hours thereafter ; 
defender absent ; 13 s. 4 d. expenses. 

Melrose, 3 July 1669 ; Mr. Robert Maine. 

Which day decerns John Andersone, portioner of 
Ridpeth, brother and heir of deceased James Andersone 
who was eldest lawful son and heir of deceased Alexander 
Andersone, sometime of Sorrolesfeild, portioner of Rid- 
peth, to pay to George Pringle of Buckholme 275 merks 
contained in Bond, 3 August 1642, by said deceased 
Alexander Anderson to the pursuer, and 40 merks of 
penalty, and interest yearly bygone and to come at the 
rate of 8 per cent. Pursuer produced James Anderson's 
sasine as heir to his father, and John Anderson's sasine 
to his brother ; John Bunzie, procurator for defender, 
alleged the pursuer was already paid, and refers to pursuer's 
oath, who depones negative. 



ACTION FOR FEU-DUTIES 239 

Eodem die decerns Robert Pringle of Blindlie to remove 
from 9| acres of land with houses, yards, and pertinents, 
lying in the town and territory of Westhouses and Galton- 
side, so that Isobel Scott, widow of Francis Scot of Castle- 
side, liferentrix thereof, and her tenants and others may 
•enter and possess the same conform to her liferent rights 
and precept of warning ; Andrew Phaupe, pursuer's 
procurator, produced contract of marriage between her 
and her husband providing her to the liferent of these 
acres, and sasine following thereon ; George Wallace, 
defender's procurator, craved inspection, and Phaupe 
was willing if defender found caution for the violent 
profits, which defender refused, so bailie decerns as above, 
superseding extract till Friday, 3 July, when, if defender 
found caution, he might be reponed to his defences ; but 
he refused, so decreet extracted. 

Eodem die decerns Bartill Mein in Eildoun to pay to 
Thomas Mein there 18 1. 10 s. borrowed by him from Dona 
Bowar, widow there, who on 22 January 1669 assigned the 
debt to the said Thomas ; defender present, with George 
Wallace his procurator, confessed his wife borrowed the 
money from Dona Bowar ' and gave her 3 peices of land 
in wadset for it.' Absolves from 5 1. due by defender to 
pursuer, which latter referred to his oath, who deponed 
negative. 36 s. expenses. 

Melrose, 10 July 1669 ; Mr. Robert Maine. 

Which day decerns Alexander Ridpeth, wright, portioner 
of Melrose, to pay to John, Earl of Hadinton, and his 
■chamberlains, of feu duty and vicarage for his houses 
and yard within the precinct of Melrose, 1666, 2 1. 12 s. ; 
for 1667, 7 i. 12 s. ; for 1668, 7 1. 12 s. ; for Whitsunday 
1669, 31. 16s.; for his maill of 6 acres in Danzielton at 
22 1. yearly, for 1666, 1667, 1668 and Whitsunday 1669, 
77 1. Total, 98 1. 12 s., deducting 1 1. 16 s. ' for makeing 
a paire of wheells,' and for a boll of oats 3 1. 13 s. 4 d. so 
rests unpaid 93 1. 2 s. 8 d., ; defender absent ; 9 1. expenses. 



240 MELROSE REGALITY RECORDS 

Melrose, 17 July 1669 ; Mr. Robert Maine. 

Which day decerns Wilham Denham, portioner of 
Ridpeth, to pay to Thomas Merser in Drygrange 51. 16 s. 
for beds, boards and ' shyres ' bought from pursuer in 
June last, payable at St. Boswells day last ; defender 
absent ; pursuer deponed ; 11 s. expenses. 

Eodem die decerns Walter Ker, merchant in Melrose,^ 
to pay to John Greirsone in Clarelaw 20 1. for a cow 
bought from pursuer on 7 ^ay last ; defender absent,^ 
pursuer deponed ; 40 s. expenses. 

Melrose, 31 July 1669 ; James Eillies of Huntliewood, 
bailie-depute pro tempore. 

Which day decerns John Bunzie, portioner of Newsteid, 
to pay to Mr. Thomas Byres, schoolmaster at Melrose, 
3 1. of quarter payments due by him for his son ; defender 
absent ; 6 s. expenses. 

Melrose, 7 August 1669 ; Mr. Robert Maine. 

Which day decerns Thomas Uns, portioner of Lessudden,. 
to pay to William Garland there 10 1. promised by him 
to the pursuer ' for goeing out as a souldier to the militia 
for him ' ; and also a sword, or 10 merks ; defender refers 
to pursuer's oath, who depones that defender promised 
him 10 1., a sword, ' and also a man to work for him 
quhen he was in armes beside his pay ' ; 20 s. expenses. 

Eodem die absolves Jean Huntar, widow in Moshouses, 
from a boll of oats and half a boll of bear alleged eaten 
by her beasts to William Notman in Calfehill and com- 
prised by two honest men at 5 1. for the oats and 3 1. for 
the bear ; defender and her procurator, James Edgar, 
denied, and pursuer adduced Nicol Carnecroce and George 
Purves, whose depositions fail to prove the charge. 

Eodem die decerns Andrew Darling, portioner of Aple- 
trieleaves, to pay to Thomas Darling, wright in Blainslie,- 



DEATH OF EARL OF HADDINGTON 241 

5 1. 16 s. borrowed from pursuer about 10 years ago ; 
defender absent, pursuer deponed ; 12 s. expenses. 

' John, Earle of Hadinton, departed this life 1 September 
1669.' 

' Curia dicte regaUtatis de Melros tenta in pretorio 
ejusdem per dictum Magistrum Robertum Maine, baUivum 
deputatum nobili et prepotenti Carolo, Comiti de Hadin- 
ton, Domino Binning et Byres, etc., baUivo principal! 
dicte regalitatis, decimo octavo die mensis Septembris 
anno Domini 1669 ; curia legittime affirmata.' 

Which day decerns James Archbald in Lessudden and 
Janet Brotherstones his spouse to pay to John Bryden 
there 121. 12 s. in Ticket, 22 June 1669, by them to 
pursuer, ' or else to delyver the cornes lybellit ' ; ticket 
produced, defender absent ; 24 s. expenses. 

Head Court, Melrose, 2 October 1669 ; Mr. Robert 
Maine of Lochewood. 

Which day decerns John Brown in Ridpeth to pay to 
James Mein, weaver in Newsteid, 55 s. 8 d. owing him 
' for working of linnen and woollen cloath ' ; defender 
absent, pursuer deponed ; 6 s. expenses. 

Eodem die decerns Andrew Riddell in Lessudden to pay 
to John Kyll, miller at Galashiels, 4 1. 14 s. as balance 
of price of a cow bought from pursuer on 18 June 1666 
at Ersiltoun fair ; defender confessed the debt ' and 

alledgit that the persewer gifted the said sowme to 

Riddell, daughter to Jonet Brotherstones, now spous to 
James Archbald ther, and upon payment thereof to her 
he promised never to crave the samyn againe ' ; defender 
in place of probation referred to pursuer's oath, who 
deponed negative as to the promise. 

Melrose, 16 October 1669 ; Mr. Robert Maine. 

Which day absolves Thomas Harvie in Maxpople from 
action by Mary Mow, widow in Melrose, for 121. 18 s. 

VOT,. II. o 



^42 MELROSE REGALITY RECORDS 

for 3 bolls of oats bought by him from her at Michaelmas. 
1667, and 9 s. for ' certaine plants ' bought from her in 
summer last ; defender confessed he owed her for the 
oats 11 1. 11 s. whereof he had paid her 9 1. 18 s. so rested 
only 33 s., and denies as to the plants ; pursuer refers 
to his oath, who defers to pursuer, who refuses to depone ; 
and defender consigned the 33 s., which was delivered up 
to pursuer. 

Melrose, 30 October 1669; James Eillies of Huntly- 
wood, bailie-depute pro tempore. 

Which day decerns Robert Laidlaw in AUanshawes 
and William Carnecroce of Allanshaw to pay to Robert 
Clerk, merchant in Galtonside, 21 I. 16 s. in satisfaction 
to him of 7 1. 10 s. of principal and 40 s. of penalty, and 
interest since 11 June 1667, contained in Bond, 23 April 
1667, registered 26 June 1669, by said William Carnecroce 
to the pursuer, and 9 1. 6 s. of principal, 3 1. penalty, and 
interest as above, in Bond, 3 April 1667, registered 26 
June 1669, by Walter Carnecroce to pursuer ; all defenders 
absent ; 42 s. expenses. 

Eodem die decerns Robert Law in Longhauche to pay 
to Thomas Darling, wright in Blainslie, 3 1. as balance of 
price of ' certaine barb ' [? bark] bought from pursuer 
at Beltane 1668 ; defender absent ; 6 s. expenses. 

Melrose, 6 November 1669 ; Mr. Robert Maine. 

Which day decerns James Crosbie, herd in Galtonside, 
to pay to Thomas Bowstone ° Wynd ' there, 30 s. as the 
value of a tup lost in 1668 ; defender confessed keeping 
it ; 4 s. expenses. 

Eodem die decerns Walter Ker, merchant in Melrose, 
to pay to Thomas Bichett, herd in Danzielton, 2 L 18 s. 
as balance of price of some sheep bought from pursuer 
last October ; defender absent, pursuer deponed. 



DECREE FOR FEU-DUTIES 243 

Melrose, 13 November 1669 ; Mr. Robert Maine. 

Which day decerns all and sundry the feuars and 
possessors within the regality to pay to the Earl of Had- 
dington ' for their Witsunday and Martinmas maills 
1669 and preceiding.' 

Eodem die decerns James Smith in- Thripwood to pay 
to George Notman in Calfhill 4 1. for half a year's service 
wrought about two years ago ; defender confessed 3 1. 
and denied 20 s., which was referred to his oath, who 
refused to depone. 

Eodem die decerns Thomas Harvie in Maxpople to pay 
to John Troumble, piper in Boudone, and Margaret 
Ridfourd his spouse, 10 1. for oats, borrowed money, 
and balance of price of ' ane fir ' ; defender absent ; 20 s. 
expenses. 

Eodem die decerns John Thomsone, slater [sic] in 
Darnick, to pay to Andrew Droumond there ' for working 
oft the said defender his cloathe ' ; defender confessed ; 
expenses. 

Eodem die absolves John Frater in Longhauche from 
action by Adam Hislop, miller in Langshaw, for abstract- 
ing 6 bolls of oats and 3 bolls of humble corn for two years 
from the mill of Langshaw, to which he is thirled ; defender 
denied abstracting, and pursuer referred it to his oath, 
who deponed he had abstracted none ' since the last that 
he grand ther, and for any corne that he had abstracted 
beffor he hes given him 2 fulls ray [rye] in satisfactione 
therfor.' 

Eodem, die decerns James Archbald in Lessuden to pay 
to John Patone there 6 1. [sic] as balance of price of malt 
bought from pursuer in June last ; referred to defender's 
oath, who deferred to pursuer, who deponed positively 
he owed him 6 1. ' except ane quart aill,' whereupon 
bailie decerns for 3 1. 17s. 4d. [sic]. 

Eodem die absolves John Crombie in Melrose from action 



244 MELROSE REGALITY RECORDS 

by James Edgar, portioner there, for delivery of 4 bolls 
of bear bought by him from defender on 1 May last, to be 
delivered within 8 or 10 days, at 8 marks the boll, payable 
at Martinmas 1669 ; defender denied selling any bear,, 
which pursuer referred to his oath, who deponed he sold 
the bear conditionally. 

Melrose, 20 November 1669 ; Mr. Robert Maine. 

Which day decerns Margaret Riddell in Lessudden to 
pay to John Patone there 6 1. as balance of price of malt 
bought from pursuer ; defender confessed. 

Eodem die decerns Thomas Unse in Lessudden, David 
Kyll, smith there, George Gibsone there, and Katherine 
Ridell there, to pay to Thomas Cochrane in Newtoune as 
follows, viz. Unse 31. 6 s. for a boll of bear bought from 
.pursuer ; Kyll 2 1. for certain iron bought from pursuer ; 
Gibsone 32 s. of borrowed money ; Ridell 4 1. 6 s. ' dew be 
her to the said persewer ' ; defenders absent. 

Eodem die decerns David Uns in Lessudden to pay to 
Margaret Riddell there 8 1. 15 s. for drink and necessaries 
furnished by pursuer to him ; defender absent, pursuer 
deponed. 

Eodem die decerns James Mylne in Melrose to pay to 
Thomas Ridfourd and James Boware in Melrose 50 s. 
' for 6 dayes fouching to James Wauch and the said 
defender becam cautione for the samen ' ; defender 
absent, pursuer deponed. 

Eodem die decerns James Mylne in Melrose to pay to 
Michael Gibsone in Melrose 8 1. for a ewe bought by pursuer 
from him, but undelivered ; defender confessed selling 
the ewe and receiving the price ; ordained to keep the 
ewe and return the money. 

Melrose, 27 November 1669 ; Mr. Robert Maine. 

Which day decerns Thomas Haliwill in Galtonsyd to pay 
to John Halliwill there 6 1. ' of old debt and failyie off ane 



A CAUTIONARY OBLIGATION 245 

toll oft beir payeing to uthers dew to the said persewer be 
the said defender.' 

Melrose, 4 December 1669 ; Mr. Robert Maine. 

Which day decerns Walter Degleice in Darnik to pay to 
John Thomas, slater there, and Isobel Merser, his daughter- 
in-law, 50 s. and an ell of harden for a half year's fee for 
service by said Isobel to him ; defender confessed. Paid 
at the bar both fee and harden. 

Eodem die decerns David Uns in Lessudden to pay to 
William Porteous in Stodrig 11 1. 14 s. 8 d. as balance of 
sums due for malt ; defender absent. 

Eodem die decerns Michael Gibsone in Melrose to pay to 
James Mylne, weaver in Newton, 6 1. 5 s. for sheep bought 
by defender from John Thomsone in Ridpethe, who 
assigned the debt to pursuer ; defender denied, but 
referred to his oath, who deferred to Thomson, who de- 
poned positively. 

Eodem die decerns Alexander Trotter of Eisterhousebyr 
to pay to James Wauche in Melrose 51. 3 s. for a half 
year's service wrought by John Wauch, son of pursuer, to 
the defender ; defender refused to depone when it was 
referred to his oath. 

Eodem die decerns Katherine Ridell in Lessuden, as 
cautioner for Andrew Ridell her brother, to pay to Thomas 
Haistie, maltman, burgess of Selkirk, 50 merks of principal 
and 10 1. expenses and interest, contained in Bond, 1 April 
1647, by said Andrew Ridell to pursuer, and decreet, 
29 December 1660, at registration thereof ; proved by 
William Ker, Adam Troumbell and Andrew Heatone, 
who all deponed they heard the defender in Mark Blaikie's 
house become cautioner and give the pursuer her hand that 
she would pay him. 

Melrose, 11 December 1669 ; Mr. Robert Maine. 

Which day absolves George Notman in Thripwood from 
action by James Smith there against him ' for heisting [?] 



^46 MELROSE REGALITY RECORDS 

off corn to Michell Fischer in Cumisliehill pryce 4 1. and ane 
sheip drouned be the said defender perteining to the said 
persewer ' ; not sufficiently proven that he ' keilled ' the 
sheep nor ' hoist ' [?] the corn. 

Eodem die decerns Janet Wright in Westhouses either 
to enter to the service of Robert Pringle of Blindhe till 
Whitsunday next or pay to him 8 1. and 12 s. for shoes. 

Eodem die decerns George Houmone ' Long ' in Darnick. 
to pay to Alexander Weamane there 8 1. of borrowed money 
as balance of 12 1. absolving him for the other 4 1. because 
ptirsuer refused to depone thereupon. 

Melrose, 18 December 1669 ; Mr. Robert Maine. 

Which day action by John Sounhouse, portioner of 
Blainslie, against Helen Willsone in Blainslie and Robert 
Sheill, weaver there, now her spouse, who are addebted to 
him as heritable proprietor of the tenement, house, yard, 
moss and moor and 3 ' sowmes grass,' occupied by them, in 
the sum of 116 1. Scots for cess, maintenance, moss, moor, 
and grass, paid out by him for them since 1640, and 200 
inerks for Icains, carriages, and parsonage and vicarage 
teinds of the same, since 1640, extending in all to 374 
merks ; pursuer compearing with George Wallace his 
procurator, and defenders compearing with James Edgar 
their procurator, pursuer produced a precept of dare 
constat by deceased John Earl, of Hadintone, to pursuer 
as heir to his father, and sasine following thereupon ' off 
all and haill ane husband land and hallff husband land in 
Blainslie, hallff off Carters yaird and peice nether land 
there, with howses ' and pertinents, whereof the foresaid 
houses, yaird, moss, moor, and 3 * soumes grass ' are parts 
and pertinents ; and defenders' procurator on 16 October 
last gave in answers as follows : — Denied the claim, that 
the foresaid ' soumes grase,' houses and yards were liable 
in payment of the said sums ; it ought to be proved what 
each husband land and ' soums grasse ' in Blainslie paid 
every month during the years libelled ; and denied that 



TOUNHOUSE V. SHEILLS 247 

ever the defenders were in use to pay teinds or carriages 
for the said subjects. George Wallace on 23 October 
replied that it can be proved that the grass and houses, etc., 
are liable in payment, and it is well known to the whole 
town of Blainslie and the collector what each husband land 
pays per month of burdens, and it is offered to prove that 
the defenders were in use and liable to pay the sums 
charged for. On 30 October the defenders duplied that 
the pursuers produce no active title to the ground con- 
troverted ; and there is a backbond by John Sounhous, 
goodsir and author to the pursuer, to the authors of the 
defenders, whereby the ' thrie soums grasse, muir and 
pasturage lybelled ' are reserved and excepted to the 
defender's authors, and thus they have been 40 years in 
possession without payment of kain, carriages, or other 
public burdens. On 19 November the bailie ordered 
pursuer's precept of dare constat and sasine to be given 
to defenders to object against, who on 27 November gave 
in objections, 1. that in said precept and sasine themselves 
the tenement, houses and yards controverted are ' per 
expressum reserved to umquhill Thomas Lyall his aires 
and assignayes,' from whom the defenders have right by 
progress, and as to the moss, muir and grass ' soumes ' the 
defenders cite a backbond, dated at Lauder 13 Febi-uary 
1632, by said deceased John Sounhouse, father to the 
pursuer, to said deceased Thomas Lyall, their author, 
narrating a disposition by Lyall to Sounhouse of his Ij 
merk land in Blainslie ' with the houses bigings yairds 
meidowes mosse moore and pasturadg theroff,' reserving 
to the said Thomas ' the haill houses bak and for under 
and above with the yairds perteining to the said merk 
land allenerllie,' nevertheless Sounhouse reserved also and 
excepted to Lyall and his assignees for ever * the forsaid 
ane insoume and tua hill soume and hallff moss and moore 
perteining to the forsaid hallff mark land allenerllie.' On 
11 December the pursuer's procurator offered to prove 
the defenders were in use of payment ; and on 18 Decem- 
ber the bailie repels defences, etc. and admits to probation 
as to the use of payment since 1640, and on 24 December 



248 MELROSE REGALITY RECORDS 

pursuer adduced William Hall alias Tutor, John Pringle, 
and John Stirling, portioners of Blainslie, who all deponed 
' that the defenders and their authors wer never in use off 
payment off anything to the said persewer and his authors 
and predicessors for the samen but only teynd lintt and 
that only within these 4 or 5 yeires last bypast ' ; and 
pursuer, renouncing further probation, did in open court 
freely quit and overgive the said teind lint to the defenders, 
it being of small value, upon which Robert Sheill took 
instruments and the bailie absolves the defenders, and 
ordains pursuer to pay to them 10 merks of expenses of 
plea. [Decreet recorded in full.] 

Which day action by Helen WMsone in Blainslie, and 
Robert Sheill, weaver there, now her spouse, against Johii 
Sounhouse, portioner of Blainslie, narrating their right as 
above to the three soumes grass, moss and moor, pertain- 
ing to the half merk land, and their possession thereof by 
pasturing and herding their goods on the grass and casting 
peats, turves and divots on the moss and moor past memory 
of man, and complaining that in June last the defender 
and others in his name cast peats, etc., thereupon and 
continue to possess the said grass, moor and moss, and ought 
to pay four merks yearly for the six years he has cast divot 
earth thereupon. The bailie finds the pursuer guilty of 
molestation and ordains him to restore possession and 
render the moss and moor in as good condition as when he 
interfered therewith. Same procurators ; and besides the 
foresaid backbond, there is produced a disposition of the 
said houses and yards, three soumes grass, moor and moss, 
by said deceased Thomas Lyall to the deceased Edward 
Hall, indweller in Lauderbarns, dated 24 March 1630, and 
a Disposition of the same by Isobel, Katherine and Marion 
Hall, heirs portioners to said Edward Hall, their father, in 
favour of deceased Thomas Wright, weaver in Kaidslie, 
and said Helen Wilsone, pursuer, then his spouse, dated 
6 December 1660. [Decreet recorded in full.] 

Eodem die decerns William Bell, portioner of Galtonside, 
to pay to James Laidlaw in Newsteid 7 I. for a half year's 



SHOOTING DOVES 249 

service wrought about a year ago ; defender absent, 
pursuer deponed. 

Eodem die decerns Robert Spotswood in Darnick to pay 
to Margaret Fullr [?], widow there, and Isobel Cochrane 
her daughter, 4 1. 5 s. for a half year's service wrought by 
Isobel to the defender ; defender absent. 

Eodem die decerns Walter Ker in Melrose to pay to 
William Andersone, naerchant there, 31. 8 s. for merchan- 
dise bought from pursuer about ' Paice ' last ; defender 
absent. 



Melrose, 24 December 1669 ; Mr. Robert Maine. 

Which day decerns James Edgar, younger, in Melrose to 
pay to Thomas Law, weaver there, 11 1. for 21 sheep 
bought by both of them in October last, for which the 
pursuer paid all the price ; defender absent, pursuer de- 
poned. 

Eodem die decerns Thomas Uns in Lessudden, David 
TJns there, John Uns there, and Andrew Ridell, to pay to 
Mr. James Knox, minister at Bowdone, as follows, Thomas 
2 1. 13 s. and a load of coals, David 6 1. and 2 loads of coals, 
John 1 1. 10 s. and a load of coals, and Riddell 12 1. 5 s., as 
balance of price of victual bought by said ' defenders ' from 
pursuer ; defenders absent. 

Melrose, 8 January 1670 ; Mr. Robert Maine. 

Which day action by James Edgar, fiscal, against 
Thomas Hervie in Maxpople, who on 31 December last 
' did shut and kill severall dowes with ane hagbut,' and 
thereby incurs the fine imposed by Act of Parliament. 
Pursuer adduced two witnesses, who deponed they never 
saw defender shoot or kill doves at the time libelled ; 
so absolves. 

Eodem die decerns Isobel Thomsone, widow of Thomas 
Willsone, mason in Galtonsyd, to pay to Isobel Hoy in 



250 MELROSE REGALITY RECORDS 

Galtonsyd 9 L due by Wilson to pursuer ; defender 
confessed she had intromitted with her husband's goods. 



Melrose, 12 February 1670 ; Mi. Robert Maine. 

Which day decerns John Willsone and George Mein 
in Newsteid ' to tak in Barrand [sic, probably Barnard]; 
Mein, portioner there, to be 3 man with them in the 
buying off ane stak off oats from James Merser in New- 
steid ' ; defenders denied, and referred it to his oath, who 
deponed positively ' that he was thrids man.' 

Eodem die decerns Thomas Wilkiesone, clerk of Melrose, 
to give up a bond of deceased Thomas Wright's to Andrew 
Heitone in Darnik, which had been deposited by Wright 
in his hands. 

Melrose, 19 February 1670 ; Mr. Robert Maine. 

Which day absolves Thomas Law in Melrose from 
action by James Edgar, younger, in Melrose, for 13 1. for 
ale and other things ; referred to defender's oath, who 
deponed negative. 

Eodem die decerns John Winterup, portioner of New- 
toune, to pay to Thomas Haistie in Selkirk 19 1 13 s. as 
balance due for certain oats and coals bought from pursuer 
about 17 years ago ; referred to pursuer's oath, who 
deponed positive. 

Melrose, 5 March 1670 ; Mr. Robert Maine. 

Which day decerns Thomas Bell, portioner of Eistei- 
Longlie, to pay to James Darling in Westhouses 13 1. 4 s. 
for a half year's fee for service wrought ' be the said 
defender to the said persewer ' [sic] ; because the said 
defender [sic] deponed positive. 

Eodem die decerns William Bell, portioner of Ridpethe, 
eldest son and heir of deceased George Bell, portioner 
there, to pay to George Bell, younger, mason in Ridpethe, 



BOUTE V. LITHGOWS 251 

100 merks in a Bond by said deceased George Bell to the 
pursuer of principal, with 10 merks of expenses, 16 March 
1663 ; and 80 merks of principal and 10 merks expenses 

in another Bond, March 1663, by said deceased 

George Bell to the pursuer ; defender absent ; 10 L 
expenses. 

Eodem die action by Thomas Bouie in Melrose against 
John Thomsone in Ridpeth for 40 1. due by him to John 
Lithgow, portioner of Ridpeth, his master, and arreisted 
by Andrew Kennedy, officer, in his hands for payment 
of 19 1. 12 s. of principal and 40 s. expenses contained in 
decreet, 5 April 1668, at Bowie's instance against said 
John Lithgow, Andrew, William, David, and James 
Lithgow, as executors to deceased James Lithgow of 
Drygrange, their father, and due by the defunct to the 
pursuer. Defender, by John Bunzie his procurator, 
alleged there could be no process till his master John 
Lithgow, principal debtor, was summoned, ' quhich 
cannott be done without letters off supliment in regaird 
he leives at Edinburgh and sua not within this juris- 
dictione ' ; and denies any arreistment ; and George 
Wallace, pursuer's procurator, opponed the decreet for 
instructing the claim, and could prove that said John 
Lithgow was summoned to this day and also Andrew 
Lithgow his brother. Defences repelled, defender to 
depone what sums he is owing to his master, but refused 
because ' he was not cleir with his master,' so held as 
confessed, and decerns to make forthcoming the said 40 1. 

Melrose, 21 March 1670 ; Mr. Robert Maine. 

Retour [in Latin] of the special service of Marion and 
Janet Kennedie as heirs to deceased Andrew Kennedie, 
portioner of Darnick, their greatgrandfather, in 4 acres of 
land of the town and lands of Darnick, with houses, yards, 
and teind sheaves included, formerly occupied by deceased 
Robert Kennidie and thereafter by said deceased Andrew 
Kennidie his son, which are held of Charles, Earl of 
Hadinton, in feufarm for yearly payment of 4 bolls of 



252 MELROSE REGALITY RECORDS 

bear, Melrose measure, being 13 pecks to the boll, and 2 
cain fowls and 2 long carriages of 24 miles (' milliarum ') 
each and a short carriage of 12 miles, or thereabout, 
paying the victual between Yule and Candlemas, the 
kain fowls at Martinmas, and the carriages when required 
by the Earl and his successors, also 10 s. for the said acres 
of land at the entry of each heir, and the said deceased 
Andrew Kennedy and his heirs being held to compear 
at and submit to the courts of the regality, and to perform 
to the Earl such other services as they had been accus- 
tomed formerly to do to the abbot and convent of Melrose 
in times bygone ; the said Andrew Kennidie and his heirs 
being prohibited to alienate and dispone the subjects or 
any part thereof without the Earl's consent, and failing 
payment of the duties within 10 months after Candlemas 
he and they were to amit and lose the heritage and lease 
of the said lands. The retoiir, written by Alexander 
Ellies, servitor to Thomas Wilkieson, clerk of Melrose, 
is dated 21 March 1670 ; and the names of the assise are, 
Thomas Lythgow, portioner of Melrose, Andrew Heatone, 
portioner of Darnick, Andrew Mersser, called Wynd, 
Robert Haliwill and John Heitone, weaver, portioner 
there, William Greirsone, portioner of Darnick, Andrew 
Drommond, William Merser, called Wall, Andrew Mersser 
called Pooll, and Walter Vair, portioner there, Walter 
Delgleis, portioner there, John Thomsone, John Fisher, 
miller there, George Mudie and Robert Spotswood, 
portioners there. 

Melrose, 23 April 1670 ; Mr. Robert Maine. 

Which day decerns George Wallace in Melrose to fill 
up and deliver to Thomas Bowie in Melrose a blank 
discharge deposited by him for that effect in the hands 
of John Bunzie in Newsteid, bearing that Wallace was 
completely satisfied and paid by said Thomas of 191. 

12 s. principal and of expenses in decreet obtained 

Tsy said George against said Thomas before the Com- 
missaries of Peebles ; with 3 1. expenses 



ACTION FOR ' YRAINE ' 253 

Melrose, 30 April 1670 ; Mr. Robert Maine. 

Which day decerns Thomas Ker in Newtone to pay 
to Mr. James Knox, minister at Bowdone, 11 1. 10 s. as 
balance of price of victual bought from the pursuer ; 
defender absent. 

Melrose, 17 June 1670 ; Mr. Robert Maine. 

Which day decerns Thomas Bell, portioner of Easter 
Longlie, to pay to George Baittie in Bridgend 4 1. 12 s. 
for a half year's service wrought by pursuer's son Andrew 
Batie to the defender ; defender absent. 

Which day decerns Andrew Wallace, weaver in Melrose, 
to make forthcoming to John Coat, portioner of Lessudden, 
' 20 slips off yraine [? yarn] perteining to Margrat Ridell 
in St. Boswalles ' and arreisted in his hands ; defender 
confessed ' he had the yren [?] but craved that he micht 
be payed for his paines.' 

Eodem die decerns ' all and sundrie the feuars to mak 
payment of their Witsonday and Mertimes maills and 
preceidings.' 

Melrose, 25 June 1670 ; Mr. Robert Maine. 

Which day decerns Wa[lter] Caimcroce of Allanshawes 
to pay to Thomas Cruiks sometime in Williamlaw, now in 
Blindlie, 5 1 16 s. of borrowed money ; defender absent. 

Eodem die decerns Thomas Woderstone in Howsbyre 
to pay to John Dawsone in Craiksfourd 6 1. 14 s. 4 d. 
for certain bear and sheep bought from pursuer ; defender 
absent. 

Eodem die decerns Andrew Laidlaw, son of deceased 
William Laidlaw in Owplaw, and George Turner his tutor 
for his interest, to pay to Robert Hadone in Coumisliehill 
14 1. ; referred to defender's oath, who deferred to pursuer, 
who deponed positively. 



254 MELROSE REGALITY RECORDS 

Melrose, 2 July 1670 ; Mr. Robert Maine. 

Which day decerns William Denham, portioner of 
Ridpethe, to pay to William Forsane, miller in Ridpeth 
mill, 1 1. 15 s. as balance due for certain muck bought 
from pursuer ; defender absent, pursuer deponed. 

Eodem die decerns Charles Watsone, indweller in 
Longlie, and Thomas Bell his master, to pay to Mr. Alex- 
ander Bissett, minister at Melrose, 23 1. 16 s. due by Bell 
to pursuer and arreisted in Watson's hands ; defender 
confessed owing Thomas Bell. 

Eodem die decerns Andrew Laidlaw, lawful son of 
deceased William Laidlaw in Wouplaw, and George 
Turner, his tutor, to pay to James Feirgreive in Hack- 
burne 8 1. 16 s. borrowed by defunct from pursuer ; 
Turner present referred to pursuer's oath, who deponed 
positively. 

Eodem die action by Mr. John Lithgow, portioner of 
Ridpethe, and Thomas Lithgow his son, heritable pro- 
prietors of the mill of Ridpeth, against James Archiesone 
in Cleakmae, narrating that the said mill with astricted 
multures pertains to them by infeftment and sasine dated 
22 August 1664, and thereby they have right to the 
multure, etc., of all corns growing upon the lands of 
Cleakmae, which are thirled to the said mill and in use 
to pay a peck of multure to the boll ; yet Archiesone 
has abstracted in the years 1666, 1667, 1668, and 1669, 
the multure, knaveship and bannock of 12 bolls of oats 
and 3 bolls of bear, each year, growing on these lands, 
and the like quantities inbrought by him within the said 
lands, price of each boll of oats ' and meill ' 6 1. and of 
each boll of bear 6 1. and of each boll of ' shilling ' 8 1. 
Pursuers compeared personally, with John Bunzie their 
procurator, and defender compeared personally with 
James Edgar his procurator, and the former having 
produced their charter of the mill, the defender denied 
that he or any of the other heritors or inhabitants of 



RIDPETH MILL MULTURES 255 

Cleakmae were in use to come to the mill of Ridpeth 
and pay multure, etc., which thirlage the pursuers offered 
to prove, and adduced the following witnesses, viz., 
William Forsone, miller in Ridpeth mill, who deponed 
they were in use to come and grind at the mill and pay 
multure, for these 20 years past, because he had received 
the thirle duty from them himself ; William Andersone, 
indweller in Ridpeth, deponed conform, relative to the 
past 30 years ; William Hunter there deponed as the 
last, and so did Andrew Cairncroce and Thomas Watsone 
there. The bailie decerns the defender to pay the foresaid 
thirled multures to the pursuers not only bygone but 
present and to come, and pay 5 merks of expenses of plea. 

Melrose, 16 July 1670 ; Mr. Robert Maine. 

Which day decerns William Luckup, wright in Danziel- 
tone, and Thomas Ellies, wright there, to pay to William 
Williamsone in Galashiels 6 1. 12 s. and 4 1. respectively ; 
defenders absent, pursuer deponed. 

Eodem die ' Advocatione Isoble Lithgow contra Grissell 
Scott was produced be Jacobum Fischer and sein, red 
and admitted of.' 

Eodem die decerns Thomas Wilkiesone, clerk of Melrose, 
to deliver up to Michael Fischer, portioner of Darnick, 
a Disposition granted by him to James Fischer, eldest 
lawful son of Andrew Fisher of Housbyre, the pursuer 
paying the defender for his pains for writing the same ; 
' becaus the said defender confest the haiving theroff 
and the said per sewer did repent.' 

Melrose, 23 July 1670 ; Mr. Robert Maine. 

Which day decerns Jean Purvis, only lawful daughter 
of deceased Thomas Purvis in Hagburne, and George 
Purvis in Craksfourd, her tutor, for his interest, to pay to 
Andrew Cook, portioner of Melrose, 5 1. ; defenders absent, 
pursuer deponed. 



258 MELROSE REGALITY RECORDS 

Eodem die decerns Alexander Trotter of Eister Housbyre 
to pay to James Stodart in Blindlie 13 t. 8 s. for a half 
year's fee ; defender absent, pursuer deponed. 

Eodem die decerns John Thine, portioner of Blainslie, 
to pay to John Wallace, smith there, 4 L for two fulls of 
bear ' for his smidie work there last yeire ' ; defender 
denied, referred to his oath, who deferred to pursuer, who 
deponed positive. 

Eodem die action by Andrew Darling, one of the three 
heritors of Appeltrileaves, against John Fraiter in Long- 
haughe, his rentaller, narrating that the lands of Appell- 
trieleves in the parish of Melrose, whereof the lands of 
Longhauche are a part, are valued yearly to 760 merks in 
stock and parsonage teinds, which is for the pursuer's 
third part 253 merks 4 s. 4 d., and to 40 merks of vicarage 
yearly, his third whereof is 13 merks 4 s. 4 d., conform to 
decreet of valuation dated 15 December 1629, and accord- 
ingly the pursuer has paid to the Earl of Haddington and 
his factors yearly for crops 1667, 1668, and 1669 inclusive 
the sum of 8 1. 10 s. 4 d. of parsonage teinds and 50 s. of 
vicarage, extending yearly to 11 1. s. 4 d., or 33 i. 1 s. in all, 
for the lands possessed by said John Frater as rentaller to 
him, who ought to relieve him thereof. Pursuer compear- 
ing, with James Edgar his procurator, and defender com- 
pearing, with George Wallace, notary in Melrose, his 
procurator, the former produced his sasine of the third 
part of Appelltrieleives, 8 September 1665, under the hand 
of William Kirkwood, notary, and also the foresaid Decreet 
of valuation, and discharges from the Earl and his factors 
for the teinds above claimed, which prove that before 
1652 the pursuer paid to the Earl 36 1. 16 s. 4 d. for the 
said parsonage teinds, and since the expiry in that year 
of the tack of the said teinds granted to the defender and 
other rentallers of Longhaugh, the pursuer has paid to the 
Earl 45 1. 6 s. 8 d. yearly, ' in regaird the said Earle wes not 
obleidged, to know the saids rentellars.' Among other 
things the defender's procurator objected that before any 
process the pursuer ought to be served heir in special to 



APPLETREELEAVES TEINDS 257 

deceased Peter Darling his father in the lands libelled, and 
defender offers to prove that the lands of Langhaugh 
possessed by him are only a seventh part ' off the forsaids 
teynds,' and so extend yearly to only 4 L 18 s. 4 d. The 
pursuer oppones a decreet obtained by him against the 
defender, 13 June 1668. The bailie decerns the defender 
to pay the sums claimed and that for each of the said three 
years and the like sums yearly in time coming while he 
remains rentaller of the said lands, and to pay 3 1. of 
expenses of plea. 

Melrose, 30 July 1670 ; Mr. Robert Maine. 

Which day decerns John Daviesone, servitor to Francis 
Scott of Coumislie, to pay to George Pringle of Buckholme 
10 1. ' for cutting off his wood in Buckholme upon the 
day of last by past ' ; defender absent. 

Eodem die decerns George Mairtene in Melrose, and 
Alexander Ridpethe for his interest, to pay to the Earl 
of Haddington 12 L arreisted in his hands due to Ridpeth 
for the price of his ' yaird ' in Melrose ; defender confessed. 

Eodem die decerns Robert Pringle of Blindlie to pay to 
Henry Steward in Ednem 18 L, to Thomas Finla in Melrose 
8 1., to Andrew Richie and Robert Shell 10 1., to William 
Mertone in Westhouses 11 L 10 s., to James Frew in 
Galtonside 12 1., to Janet Haliwill and Isobel Ormstone in 
Galtonsyd 10 L, to Agnes Ormstone in Prestongrange 14 I., 
to Janet Mersser 14 L, to Jean Ormstone, widow of Robert 
Clerk in Galtonside, 12 1., to Robert Clerk 13 1. 6 s. 8 d., to 
Andrew Steinstone in Longlie 6 L 6 s. 8 d., to Janet Thom- 
line in Longlie 6 1., to Robert Willsone and George Freir 
10 L, to William Ker in Westhouses 6 L, to William Ker 
called ' Blak William,' 12 1., to Andrew Pringle 94 L, to 
James Blaikie and his neighbours 50 merks, to Mr. James 
Pringle in Coumisliehill 10 1., to Wa[lter] Vach and his wife 
in Galtonside 6 1. 6 s. 8 d. ; to Peter Frater in Edinburgh 
10 1. of borrowed money, to Jean Pringle in Edinburgh 
15 1., to William Giwen in Edinburgh 9 1., to Isobel Hop- 

VOL. II. R 



258 MELROSE REGALITY RECORDS 

kirk in Westhouses 6 1., and to Thomas Mathiesone in 
Westhouses 31.; ' becaus the said defender sent ane 
particular acompt subscryvit by him conteineing the 
forsaids that they wer trew.' 



Melrose, 6 August 1670 ; Mr. Robert Maine. 

Which day decerns Andrew Laidlaw, son of deceased 
William Laidlaw, in Wouplaw, and George Turner his 
tutor, to pay to Robert Tutup, merchant in Blainslie, 52 s. 
due by his deceased father to him ; pursuer deponed. 

Melrose, 24 September 1670 ; Mr. Robert Maine. 

Which day decerns the same to pay to Isobel Leise in 
Cruixtone 5 1. 10 s. 8 d. for a half year's fee ; defenders 
absent ; 12 s. expenses. 

Melrose, 1 October 1670 ; Mr. Robert Maine. 

Which day decerns Margaret Smith in Blainslie to pay 
to Marion Symsone, wife of Andrew Fischer of Housbyre, 
50 s. ' for ane half yeires service broken be the said defender 
from the said persewer ' ; defender absent. 

Eod-m die decerns James Darling in Westhouses to pay 
to George Boustone in Galashiels 61. 7 s. 6 d. for meal 
bought from pursuer ; defender absent, pursuer deponed. 

Eodem die decerns James Edgar in Melrose to pay to 
John Bell, weaver there, 8 1. for a boll of malt received from 
pursuer about a year ago ; defender absent. 

Eodem die decerns James Bunzie, weaver in Newsteid, 
to deliver to James Mersser, portioner there, ' ane woub off 
straikings perteined to Robert Forsone ' ; defender con- 
fessed. 

Eodem die decerns George Turner in Calfhill, and James 
Leithen for his interest, to pay to the Earl of Haddington 
4 i. 4 d. ; defender confessed. 



TRESPASSING ON HOUSBYRES 259 

Eodem die decerns Andrew Laidlaw, son ot William 
Xaidlaw in Wouplaw, and George Turner in Calfhill, his 
tutor, to pay to James Delgleise in Windiedores 100 L 
due by defunct to pursuer ; referred to pursuer, who 
deponed positively ; 10 1. expenses. 

Eodem die complaint by Andrew Fisher of Wester Hous- 
byre against Alexander Trotter in Eister Housbyre, Robert 
Freir, Charles Watsone, his tenants, William Fischer, 
portioner of Longlie, and Michael Fischer his son, who 
daily wilfully herd their horses, nolt and sheep upon his 
lands of Housbyr, to the destruction of his corn and grass, 
And will not desist. Pursuer compearing, with John 
Bunzie his procurator, and said William and Michael 
Fisher and Charles Watson compearing personally, and 
James Edgar as procurator for the other two, the bailie 
ordains that it shall be lawful to the complainer in all 
time coming to exact 4 s. for each ' soume ' horse, nolt or 
sheep, that he finds pasturing on his ground, and it shall be 
lawful to each of the other persons foresaid to exact 4 s. 
for each ' soume ' of his that they find upon their lands. 

Eodem die decerns ' all and sundrie the possessores in- 
habitence and coaters off the toune and lands of Danniel- 
tone,' to remove from the same at Whitsunday next, so 
that Charles, Earl of Haddington, and his nominees may 
-enter to possession ; because this day they were ordained 
to produce their liferent rights to the said lands, and are 
all absent. 

Melrose, 8 October 1670 ; Mr. Robert Maine. 

Which day decerns Robert Hadone in Coumisliehill to 
pay to John Pringle in Fanse 5 1. 10 s. for 10 lambs' grass 
and summering of them ; defender absent. 

Eodem die decerns Thomas Bell, portioner of Easter 
Longlie, to pay to George Pringle, son of George Pringle in 
Coblhouse, 5 1. 6 s. for a half year's fee wrought for by the 
pursuer to the defender at Whitsunday last ; defender 
absent. 



260 MELROSE REGALITY RECORDS 

Eodem die decerns Thomas Wilkiesone, clerk of Melrose, 
to deliver up to Thomas Bowie in Melrose a Minute of 
agreement made between Bowie and Alexander Heitone 
in Lesuden, deposited with him ; defender confessed. 

Eodem die decerns Mungo Patone in Lesuden to pay to 
Andrew Uns there 4 1. 10 s. ' for breaking off ane conditione 
betuixt them anent the selling and buying oft certaine 
growing cornes selled be the defender to the persewer.' 

Eodem die decerns George Mersser, servitor to John Ker, 
portioner of Melrose, to pay to Andrew Reneldsone and 
John Moss, portioner of Darnick, for themselves and the 
rest of the feuars of Darnick, 12 1. for a year's fee ' broken 
be him to them ' ; defender denied, alleging he gave over 
40 days before the term, referred to his oath, who deferred 
CO pursuers, who deponed positively. 

Melrose, 15 October 1670 ; Mr. Robert Maine. 

Which day decerns Thomas Uns, portioner of Lessudden, 
to pay to Robert Ker of Foderlie, 31. 18 s. of borrowed 
money ; defender absent, pursuer deponed. 

Eodem die decerns John Patone in Lessuden, Wa[lter], 
Patone there, David Kyll, smith, Margaret Haistie, and 
Katherine Riddell, indwellers in Lessuden, to pay to John 
Mein, portioner of Newsteid, tacksman of the mills of 
Melrose, 14 merks each for the multure of humble corn 
abstracted from the said mills, and 14 1. for abstracted 
multure of oats ; defenders all absent. 

Melrose, 22 October 1670 ; Mr. Robert Maine. 

Which day decerns Walter Ker, merchant in Melrose, 
to pay to Thomas Lukup, younger in Melrose, 58 s. of 
borrowed money ; defender absent, pursuer deponed. 

Eodem die decerns George Wallace in Melrose to pay 
to Andrew Willsone, portioner of Newsteid, 42 s. for balance 
of a half year's fee wrought by the pursuer to the defender's 



CUTTING PRIORWOOD BROOM 261 

father ; referred by defender to the pursuer's oath, who 
deponed positively. 

Eodem die absolves Christian Forsone, widow of Nicol 
Mersser, weaver in Newsteid, now spouse to James Bunyie, 
weaver there, from action by James Mersser, portioner of 
Newsteid, for deUvering up to him her late husband's 
latter will and testament ; referred to her oath, who 
•deponed that she never received it again after her husband's 
■decease. 

Eodem die complaint by James Edgar, portioner of 
Melrose, and James Mylne there, present tenants and 
possessors of the lands of Pryorwood ' with the hayned 
broome growing therupon,' against Janet Sheill, spouse to 
John Bowar in Melrose, George Sheill there, ' and remained 
inhabitence oft the touneoff Melrois and Danzieltone,' nar- 
rating that whereas by Act of Parliament, King James vi., 
Parliaraient 6, cap. 84, it is ordained that whosoever shall 
destroy, pull or cut hayned broom shall for the first fault 
pay 10 1. and the value of the damage done, for the second 
fault 20 1. and the damage, and for the third fault 40 1. and 
the damage, or if imprisoned shall for the first fault be 
put in the stocks or irons 8 days on bread and water, 
for the second fault 15 days, and for the third fault a 
month, and to be scourged at the month's end ; yet 
the said persons daily contravene the said act and 
destroy the broom on the lands of Pryorwood. Pursuers 
compearing, defenders all absent and held as confessed, 
the pursuers passed from the defenders as to bygone 
offences and the bailie ordained that none hereafter trans- 
gress in the premises under pain of 40 s. each person for 
each fault, and if unable to pay then to enter prisoner 
in the tolbooth of Melrose and remain at their own 
charges during the bailie's pleasure, and this to stand 
as an act of neighbourhood anent the said broom in all 
time coming. 



262 MELROSE REGALITY RECORDS 

Melrose, 12 November 1670 ; Mr. Robert Maine. 

Which day decerns WilUam Lukup, wright in Danziel- 
tone, to pay to John Mein, portioner of Newsteid, 6 1. 4 s. 
for victual ; defender absent. 



Melrose, 19 November 1670 ; Mr. Robert Maine. 

Which day decerns James Stodart in Galtonsyd to pay 
to Andrew Mar, portioner there, 7 1. 10 s. for the price 
of certain hogs ; defender absent, pursuer deponed. 

Eodem die absolves John Patone in Lesuden from 
action by James Archbald there for 3 1. 12 s. ' for draff 
and lent money ' ; referred to defender's oath, who 
deponed negative. 

Eodem die decerns James Edgar, younger, in Melrose, 
to pay to the Earl of Haddington 18 1. for his ferme bear 
of six acres of land in the Annay possessed by him ' for 
the feist and terme off Mertimes 1670 for cropt 1669,' 
and 18 1. for six acres of land in Danzieltone pertaining 
to Andrew Lukup in Danzieltone and possessed by him, 
for Whitsunday and Martinmas 1670 ; defender absent, 
pursuer deponed. 

Eodem die ' decernes all and sundrie the feweres to 
mak payment to the Earle off Hadintone ther master off 
ther Martimes mailles and preceidings.' 

Eodem die decerns ' all and sundrie the possessores and 
inhabitence oft the tounes and lands oft Lessuden, New- 
toune, Eildone, Newsteid, Melrois, Darnick, Westhowses, 
and Blainslies,' to flit and remove from their parts of 
the same at Whitsunday next so that Charles, Earl of 
Hadintone, and others in his name may enter to possession!, 
because this day they were to produce their titles and 
are all absent, ' and decernes against all except them that 
hes produced.' 



POUNDING ' MEALL OFF-GO ' 263 

Melrose, 26 November 1670 ; Mr. Robert Maine, 

Which day ' the baillie discharges all the officeres off 
the regalitie oft Melrois to areist or poynd any cornes or 
meall oft-go within the mylne off Melrois except at my 
Lord Hadintones instance.' 

Eodem die decerns David Kyll, smith in Lessudden, to 
pay to William Pertous in Stodrig 32 1. for bear bought 
from pursuer ; defender confessed. 

Eodem die decerns John Thurburand in Lessuden to pay 
to Thomas Watsone in Ridpeth 4 1. for meal bought from 
pursuer ; defender absent. 

Eodem die decerns David Uns in Lessuden to pay to 
Thomas Watsone in Ridpethe 10 L 10 s. for oats ; defender 
absent. 

Eodem die decerns Andrew Ridell in Lessuden to pay 
to Thomas Watsone in Ridpeth 7 1. for meal ; defender 
absent. 



Melrose, 3 December 1670 ; Mr. Robert Maine. 

Which day decerns Andrew Laidlaw and George Turner 
his tutor to pay to Margaret Gray in Huntlywood 5 1. 12 s. 
for a half year's fee ; defenders absent, pursuer deponed. 

Melrose, 10 December 1670 ; Mr. Robert Maine. 

Which day decerns Andrew Stodart in Camistone to 
pay to James Sweit there 10 1. 7 s. for a half year's fee ; 
defender absent, pursuer deponed. 

Eodem die decerns David Kyll in Lessudden to pay to 
William Porttous there 24 1. for ferme bear ; defender 
absent. 

Eodem die decerns William Robson in Lessudden to 



264 MELROSE REGALITY RECORDS 

pay to William Portous, portioner there, 6 I. for a boll of 
bear ; defender absent. 

Eodem die decerns Andrew Darling of Appelltreleives, 
and William Willsone in Longhauch, his cautioner, to 
pay to Philip Darling in Spotswood 42 1. with interest 
contained in a Bond by them to him, 27 December 1654 ; 
bond produced ; 8 I. expenses. 

Eodem die action by William Cairncroce of Allanshawes 
against George Turner in Calfhill to make forthcoming 
SOO merks due by him as tenant to William Cairncroce 
of Hilslope for his Whitsunday and Martinmas rent 1670, 
and arreisted in his hands by precept directed to Andrew 
Kennedy, officer, on 7 September 1670 for satisfying a Bond, 
9 June 1667, by Hilslop to pursuer for 300 merks, and 30 
merks of penalty, and interest, and Decreet at registra- 
tion thereof, 2 November 1667. Pursuer compearing by 
George Wallace, notary in Melrose, his procurator, pro- 
duced extract of the Bond, and the precept of poinding 
and arreistment, and executions thereof, with letters of 
supplement at pursuer's instance against Hilslope, who 
dwells not within the regality, and whom Hew Cheislie, 
messenger, summoned to this day for his interest ; 
defenders absent, whereupon the bailie decerns them to 
make forthcoming as craved ; 151. expenses. 

Eodem die action of poinding at Allanshaw's instance 
against Hilslope and the said George Turner, his tenant 
in Calfhill, narrating that pursuer is heritably infeft in 
an annualrent of 154 1. 10 s. corresponding to the principal 
sum of 3866 merks and upliftable at two terms yearly 
out of the lands of Hilslop, lands, room and steading of 
Calfhill, with houses, yards, and pertinents, lying in 
the regality of Melrose, conform to his sasine, 16 October 
1660, which annualrent lies unpaid for Whitsunday and 
Martinmas 1669 and Whitsunday and Martinmas 1670, 
and the defenders will neither pay nor suffer him to 
poind. Pursuer compearing by George Wallace, his 
procurator, produced the sasine, and letters of supplement 



ACTION BY CAIRNCROCE 265 

•whereby Hew Cheislie apprehended the said William 
Cairncroce of Hilslope personally in Edinburgh ; and 
both the defenders being absent, the bailie ordains precepts 
to be directed to officers of the regality to poind and 
■distrain their goods and plenishing upon the said lands, 
which failing, the ground right and property of the same, 
for these bygones and for succeeding years after the 
respective terms of payment, so long as the said annual - 
jcnt remains unpaid ; 10 1. expenses. 

Eodem die action at instance of Walter Cairncroce, 
eldest lawful son of William Cairncroce of Allanshaws, 
against George Turner in Calfhill, and William Cairncroce 
of Hilslope, his master, for his interest, narrating Decreet 
of apprising obtained in the tolbooth or new Session house 
of Edinburgh on 5 February 1667 before John Clerk, 
messenger, by John Willsone, merchant burgess of 
JIdinburgh, against the said William Cairncroce of Hil- 
slope and William Cairncroce of Allanshaws, the pursuer's 
father, apprising from them the lands of Maxpoffle, 
Calfhill, Loudupmoore, Hilslope and manor place thereof, 
pertaining to the Laird of Hilslope, and the lands of 
Allanshawes pertaining to the other, with all and sundry 
pertinents, and all titles and deeds effeiring thereto, for 
satisfaction to WUson of 2389 1. 12 s. of principal, 200 1. 
of expenses, and all annualrents, extending in all at 
Candlemas 1667 to 2983 1., contained in a Bond by the 
said Lairds to Mr. Mark Ker of Morestone dated 17 
October 1662, registered in Books of Council and Session 
13 July 1666,' and assigned by Ker to Wilson, 12 July 
1666, and also for payment of 147 1. of sheriff fee ; which 
JBond, assignation and apprising Wilson, on 21 March 
1667 retrocessed and transferred again to Mr. Mark Ker, 
registered in the regality books of Melrose, 24 July 1669, 
and Ker by his Disposition, 2 November 1670, assigned 
and disponed his whole right as above to the said Walter 
Cairncroce, pursuer ; who by virtue thereof has ofttimes 
desired the said George Turner, tenant in Calfhill, to pay 
- to him 400 merks as the maill and duty of the said lands 



266 MELROSE REGALITY RECORDS 

for Martinmas 1670, but Turner refuses. Pursuer com- 
pearing personally, with George Wallace his procurator,, 
produced his titles as above ; defenders absent, the bailie 
ordains Turner to pay to pursuer 400 merks libelled, and 
20 1. of expenses of plea. 



Melrose, 17 December 1670 ; Mr. Robert Maine. 

Which day absolves John Dawsone in — from 
action by Thomas Hunter in — ' for the loseing off 
ane yew hirded be him perteining to the said Thomas,' 
which pursuer referred to his oath, who deponed ' he 
intimat the lose of her to the said Thomas within 2 dayes 
and that he put her not away.' 

Melrose, 24 December 1670 ; Mr. Robert Maine. 

Which day absolves Andrew Fischer of Westerhouse- 
byr from action by John Lithgow, writer in Edinburgh,^ 
for 15 1. 15 s. contained in assignation by John Trotter 
in Leith to the pursuer ; because defender produced a 
discharge from Alexander Joysie, who had a prior assigna- 
tion, for 12 1. 8 s., and the balance of 3 1. 7 s. being referred 
to his oath he deponed he was owing Trotter nothing. 



Melrose, 31 December 1670 ; Mr. Robert Maine. 

Which day absolves John Patone in Lesuden from 
action by James Archbald there for six bolls of bear 
received by defender in the pursuer's name from Lady 
Mertone's tenants in Eiliesone, at 9 1. the boll, inde 54 1., 
and 24 1. as the price of a brown mare taken by defender 
from the pursuer ; ' becaus the lybell being reffered to 
the persewers probatione, who deponed all that he was 
payed off 3 boUes and that Mr. John Dick areisted the 
uther thrie, and as to the nag deponed it was laufullie 
pojmded be the defender from the persewer.' 

Eodem die decerns Adam Troumble, mason in Newsteid, 



' ANE ILL HALF CROUNE ' 26r 

to pay to Janet Wilkiesone in Selkirk 3 1. ' for changing 
of ane ill half croune and gave boath the ill and the 
good money ' ; referred to pursuer's oath, who deponed 
positively. 

Eodem die decerns Andrew Mersser ' Wynd ' in Darnick 
to pay to Thomas Bowie in Melrose 40 s. for rent and duty 
of a yard in Darnick ; defender absent. 



Melrose, 7 January 1671 ; Mr. Robert Maine. 

Which day decerns William Andersone in Ridpeth to 
pay to William Bell, portioner there, 3 bolls of bear 
arreisted in his hands pertaining to John Anderson, 
' Eister,' portioner of Ridpeth, ' deduceing and allowing 
off the forend of the said beir 5 1. for my Lords few and 
44 s. payed to the said John Andersone befor the areist- 
ment ' ; defender deponed he was resting " no mor but 
the superplus of the 5 1. and 44 s.' 

Eodem die absolves Thomas Mylne in Ridpeth from 
action by said William Bell for 10 bolls of bear arreisted 
in his hands due by him to said John Anderson ' Eister ' 
his master ; defender deponed he was resting nothing 
at the time of arreistment. 

Eodem die decerns Thomas Low in Melrose, as 
cautioner for John Tailyior in Midellum, to pay to William 
Wallace, weaver, 2 1. 13 s. ' for certaine sheips meit and 
tauche ' ; defender confessed. 

Eodem die decerns Margaret Broun in Melrose and 
Walter Ker her son to pay to Andrew Ker of Kipilaw 
151. for wheat bought by them from him ; defenders 
absent. 

Eodem die decerns Robert Ker of Fotherlie, portioner 
of Lessuden, and Walter Gibson there, in name of the 
town of Lessudden, to pay to Thomas Uns, portioner 
there, 4 1. for extracting a decreet before Jedburgh court, 
the libel being proved by Mungo Patone and Mungo 



268 MELROSE REGALITY RECORDS 

Purves, witnesses ; and absolves them in name of the 
remanent portioners of Lessudden from action by said 
Thomas Uns against them for 6 1. for taxation, found 
not proven. 



Melrose, 14 January 1671 ; Mr. Robert Maine. 

Which day ' advocatione James Fischer contra Mr. John 
Lythgow was produced and admitted.' 

Eodem die decerns John Wallace, portioner of Blainslie, 
to pay to Patrick Archiesone in Earstone 3 1. ' for biging 
of ane wall ' ; defender absent, held as confessed, pursuer 
deponed. 

Melrose, 21 January 1671 ; Mr. Robert Maine. 

Which day decerns Andrew Laidlaw, lawful son of 
deceased William Laidlaw in Wplaw, and George Turner in 
Calf hill, his tutor, to pay to [name omitted] 81. 5 s. due by 
defunct to pursuer ; defenders absent, pursuer deponed. 

Eodem die decerns William Bell, portioner of Galtonside, 
to pay to George Wederstone in Sorowlesfeild 16 1. 4 s. for 
a half year's fee and a boll of bear ; defender absent, 
pursuer deponed. 

Eodem die decerns Margaret Freir in Galtonside to pay to 
George Wederston in Sorowlesfeild 41. 8 s. 6 d. for a half 
boll of bear bought from pursuer ; defender absent, pur- 
suer deponed. 

Melrose, 28 January 1671 ; Mr. Robert Maine. 

Which day, decerns Alexander Trotter in Eister housebyre 
to pay to James Urquhart, merchant burgess of Edinburgh, 
60 1. with two years' interest, due by him to James Turner 
in Longshaw, and arreisted at pursuer's instance for debt ; 
defender absent ; 8 1. expenses. 

Eodem die decerns George Turner in Calfhill to pay to 



DARLING u. DARLING 26& 

William Cairncroce, son of Andrew Cairncroce of Longlie 
15 1. due by defender to Walter Cairncroce of AUanshawes 
and arreisted in his hands ; defender absent. 

Eodem die decerns William Anderson in Danzieltone to 
pay to William Ecklis in Newtoun 9 1. for a boll of bear 
bought from pursuer ; defender denied and referred it to 
his oath, who deponed ' he and the defender agried for 9 1/ 

Melrose, 4 February 1671 ; Mr. Robert Maine. 

Which day decerns John Broun in Newsteid to pay to 
James Mein, ' Tounheid,' 5 1. 12 s. for certain straw bought 
frona pursuer ; referred to defender, who deferred to 
pursuer, who deponed positively. 

Eodem die absolves Mr. Andrew Darling in ' Apptrieles ' 
from action by Philip Darling in Spotswood for 100 merks 
with 10 merks of penalty and the due interest, contained in 
Bond, 23 July 1655, by deceased Robert Darling, defender's 
father, to the pursuer ; referred to defender's oath, who 
deponed he never intromitted with his father's goods, gear, 
or debts, ' to the best of his knowledg.' 

Melrose, 11 February 1671 ; Mr. Robert Maine. 

Which day absolves George Wedertone in Sorowlesfeild, 
from action by William Bell, portioner of Galtonsyd, for 
17 1. 15 s. for the price of ten hogs ; referred to defender's 
oath, who deponed he received the hogs but paid the 
pursuer for them. 

Eodem die decerns John Penman in Melrose to pay to 
James Mein ' Tounheid ' 3 1. as balance of price of a ' naig ' 
bought from pursuer ; referred to pursuer's oath, who 
deponed positively. 

Melrose, 18 February 1671 ; Mr. Robert Maine. 

Which day decerns James Fischer in Cleakmae to pay to 
Mr. John Lithgow, portioner of Ridpeth, heritable pro- 



270 MELROSE REGALITY RECORDS 

prietor of the mill of Ridpeth, 50 bolls of oats and 12 bolls 
of bear abstracted by him from the pursuer's mill since 
1669, or 30 1. as the price of the dry multure thereof ; and 
decerns him to bring all his corn growing on the lands of 
Cleakmea to be ground at the pursuer's mill and pay the 
multure, etc., conform to use and wont, in all time here- 
after. 

Eodem die decerns Walter Ridell in Bentmylne and 
Andrew Ridell, portioner of Lessudden, to pay to Charles 
Watsone in Longlie 8 1. equally between them ; defenders 
confessed. 

Eodem die complaint by Andrew Patersone, weaver in 
Danzieltone, against John and William Andersone, por- 
tioners there, who ' most wrongouslie refouse to red and 
cleir merchs of the dyks and hedges' betuixt them and the 
said persewer in Danzieltone,' to his great prejudice, he 
being damaged to the extent of 10 1. The bailie ordained 
John Mertone and Andrew Lukupe to pass with Thomas 
Ellies to the ground of the dyke and hedge controverted, 
and try the matter and report in writ next court, and set 
down march stones there ; who on 28 January last reported 
as follows : ' We Thomas Ellies, Andro Lukup and John 
Mairton, indwellers in Danzielton,' having passed to the 
ground of the dykes and hedges controverted between 
William and John Anderson on the ane part and Andrew 
Paterson on the other part, ' finds that the samen dyk and 
hedg perteines and belongs to the said Andro Patersone,' 
and have set march stones between ' the saids pairties and 
pairts of the said dyk and hedg ' which are declared to be 
the right meithes and marches between them ; Melrose, 
21 January 1671, witnesses, Andrew Kennidie, officer, 
Andrew Phaup, notary, and Andrew Chisholme, officer in 
Darnick. The bailie interpones his authority and decerns 
the finding to stand as an act of neighbourhood in all time 
coming under pain of 20 merks for each contravention. 



SERVICE BLAIKIB TO BLAIKIE 271 



Melrose, 25 February 1671 ; Mr. Robert Maine. 

Which day decerns George EUies, and James Useher in 
T)arnick, his cautioner, to pay to Andrew Chisholme, 
portioner of Darnick, 7 1. 10 s. conform to an account, 
proven by Andrew Reneldsone and John More, portioners 
of Darnick. 

Eodem die decerns Thomas Bell, portioner of Longlie, 
to pay to Andrew Steinstone in Longlie 9 1. for a half 
year's fee wrought for by the defender [sic] to the pursuer 
[sic] ; defender absent, pursuer deponed. 

Eodem die decerns said Thomas Bell to pay to George 
Notman in Longlie 6 1. 10 s. for a half year's fee wrought to 
the defender by the pursuer ; defender absent, pursuer 
deponed. 

Eodem die decerns Charles Watsone in Longlie to pay to 
Mr. Michael Fischer, clerk to the Earl of ' Knidsdaill,' 
^ 1. arreisted in his hands and due by him to Thomas 
Bell his master : defender absent. 



Melrose, 27 February 1671 ; Mr. Robert Maine. 

Retour [in Latin] of the service of George Blaikie, in- 
dweller in Melrose, as nearest agnate, that is, kinsman on 
the father's side, to Helen Blaikie, lawful daughter of 
■deceased William Blaikie in Burnbrea, and he being above 
twenty-five years of age and in a capacity to administer her 
estate is consequently appointed tutor to her ; the names 
of the assise being, James Ker, elder, in Melrose, James 
Edgar, elder, portioner of Melrose, Andrew Tuno and George 
Wallace, portioners there, Andrew Patersone, weaver 
there, William Lukup, carpenter there, William Wallace, 
merchant there, James Mylne there, Thomas Lukupe, 
carpenter there, William Bowar, portioner there, Andrew 
Mein, mason in Newsteid, Adam Troumble, mason there, 
Andrew Mar, portioner of Galtonside, Alexander Mein, 
mason in Newsteid, and Thomas Bowie, indweller in 



272 MELROSE REGALITY RECORDS 

Melrose. Thomas Wilkieson, clerk of regality, writes the 
deed. 



Melrose, 18 March 1671 ; Mr. Robert Maine. 

Which day decerns John Patone in Lessudden to pay to 
Lancie Broun in Lesuden 2 1. 18 s. due to Thomas Gastone 
there and arreisted in his hands ; defender's wife con- 
fessed. 

Eodem die decerns Walter Ker in Melrose to pay to 
James Lawson in Galashiels 5 1. 18 s. for merchandise 
bought from pursuer ; defender absent, pursuer deponed. 

Eodem die decerns James Wauch in Melrose ' to cum in 
the will of Georg Pringle of Buckholme for the soume of 
13 1. Scotts ' due by defender to him, as proved by George 
Mairton and Thomas Law. 

Eodem die decerns said James Wauch to pay to Thomas 
Law younger [?] in Melrose 7 1. 15 s. for bear and oats and 
other things ; defender denied, pursuer adduced George 
and Andrew Mertone as witnesses, who deponed positively. 

Eodem die decerns said James Wauch to pay to George 
Merton in Melrose 12 1. 10 s. of borrowed money ' and for 
the customes ' ; defender absent, held as confessed. 

Eodem die decerns Andrew Laidlaw in Owplaw and 
George Turner in Calfhill his tutor to pay to Andrew Litle 
in Fairnihirst 10 1. 10 s. of borrowed money, borrowed by 
deceased William Laidlaw the defenders' father ; defenders 
absent, pursuer deponed. 

Eodem die decerns George Hoy, ' Eist Coatt,' in Galton- 
side to pay to John Halywill, younger, in Galtonside 26 1. 
6 s. of borrowed money ; defender absent, pursuer deponed. 

Eodem, die decerns George EUies in Darnick to pay to 
James Robsone in Newsteid 10 s. for bear ; defender 
confessed. 



MARRIAGE CONTRACT ACTION 273 

Melrose, 1 April 1671 ; Mr. Robert Maine. 

Which day decerns William Wallace, weaver in Melrose, 
to pay to James Bowar, servitor to Mr. Robert Maine of 
Lochwood, indweller in Crochillheid, 5 1. as balance of 
price of sheep bought from pursuer, deducting 30 s. due by 
pursuer to the defender's wife ; referred to pursuer's oath, 
who deponed positively. 

Melrose, 13 May 1671 ; Andrew Mar, portioner of 
Galtonside, bailie-depute {pro tempore ?) 

Which day decerns John Sklaiter in Eildone to pay to 
James Hunter in Melrose 31. 2 s. for a half year's fee 
wrought for by pursuer to defender ; defender confessed. 

Eodem die decerns George Wallace in Melrose to exhibit 
in the clerk's hands a contract of marriage made between 
James Shell, portioner of Earlstone, and Helen Fischer, 
lawful daughter of Isobel Lithgow, pursuer, with her 
consent, that the same may be registered in the court 
books and the parties have extracts on their own charges, 
provided the said George Wallace is satisfied for his pains 
in writing thereof. 

Eodem die decerns William Andersone in Danzieltone to 
pay to John Mein in Newsteid 81. 6 s. 8 d. for meal ; 
defender absent. 



Melrose, 20 May 1671 ; Mr. Robert Maine. 

Which day decerns Andrew Cairncroce of Longlie to pay 
to Thomas Watsone in Ridpeth 4 1. 10 s. for three carriages 
to Edinburgh ; defender absent, pursuer deponed. 

Eodem die absolves Lancie Broun in Lessuden from 
action by James Gaston there for 8 1. of house maill and 
13 s. 4 d. for two kain fowls ; defender denied, referred to 
his oath, who deponed negatively ' that he was not auch- 
tand the persewer a grott.' 

VOL. II. 8 



274 MELROSE REGALITY RECORDS 

Melrose, 27 May 1671 ; Mr. Robert Maine. 

Which day decerns James Rollmainhouse in BlainsUe to 
pay to James Fischer in Cleakmea 7 1. 10 s. for a boll of 
hear ; defender confessed. 

Eodem die the bailie discharges Janet Mein in Newsteid 
* from any further keiping of ane scholl, in regaird the 
scholl of Melrois is prejudged,' under the pain contained in 
the act of court made thereanent. 

Eodem die decerns William Fischer and Charles Watson 
in Longlie to pay to John Dawsoun in Craiksfourd 7 1. ' for 
biging of ane fold in Housbyre ' ; defenders confessed they 
promised payment to him. 

Eodem die absolves James Mylne in Melrose from action 
by George Wederston in Sorowlesfeild for 15 1. due by him 
to William Bell, portioner of Galtonside, and arreisted in 
his hands ; defender deponed he was resting nothing to 
William Bell at the time of arreistment. 



Melrose, 3 June 1671 ; Mr. Robert Maine. 

Which day absolves John Thin in Blainslie from action 
by Edward Darling there ' for cuting his meidow ground ' ; 
not proven. 

Eodem, die decerns John Thine in Blainslie to pay to 
Marion Hall and James Edgar, procurator fiscal, 10 1. 
* for breaking and casting faill in the said Marone Hall her 
meidow ground and for pulling up of merch stones ' ; 
proven. 

Melrose, 5 June 1671 ; Mr. Robert Maine. 

Which day decerns Thomas Uns, portioner of Les- 
sudden, to pay to James Edgar, fiscal, 50 1. ' for stryking 
and blooding of John Coat, portioner there,' on 2d June 
instant ; referred to both their oaths, and said John deponed 
that said Thomas Uns ' strok him and bled him with a 



' MUSKIT FOR THE MALITIA ' 275 

key,' and Thomas is ordained to remain in prison until 
he pay ; absolves John Coat, he deponing that he neither 
struck nor bled Uns ' but only held him by the armes to 
defend himselff.' 



Melrose, 10 June 1671 ; Mr. Robert Maine. 

Which day decerns James Turner and John Edie, 
indwellers in Hilslope, to pay to Walter Cairncroce of 
Allanshawes 3 1. 4 s. ' for ther pairt of the fracttione of a 
muskit for the malitia payed out be the persewer for the 
defenders ' ; defenders absent. 

Eodem die decerns Lancie Broun in Lessudden either to 
redeliver to Robert Richieson in Maxton a calf skin 
given by pursuer to him to dress, or pay a certain sum ; 
defender confessed having the skin. 

Eodem die decerns Thomas Plendergaist in Longshaw 
to pay to Margaret Blaikie in Burnbrea 6 1. for linen and 
other things furnished by pursuer ; defender absent, 
pursuer deponed ; and pursuer confessed she had ' as 
much lining in her hands as will be 3 bands,' and the 
baUie decerns her to give it up to the defender. 

Eodem die William Crenstone of Ron, portioner of 
Blainslie, to pay to Thomas Darling there 3 1. 12 s. for 
ale drunk by him in pursuer's house ; defender absent, 
pursuer deponed. 

Eodem die decerns Thomas Bichett in Danzielton to 
pay to John Lithheid, portioner of Melrose, 12 s. 6 d. for 
pease straw bought from pursuer ; defender confessed. 

Eodem die decerns Thomas Plendergaist in Longshaw 
to pay to said John Lithheid in Melrose 48 s. for ale and 
drink furnished ; defender absent, pursuer deponed. 

Eodem die decerns John Kyll in Lesuden to pay to John 
Bryden there 6 1. 12 s. ' for his dauchters fie, and beir 
awand be the defender to the persewer ' ; defender [sic] 
present and deponed positively. 



276 MELROSE REGALITY RECORDS 

Melrose, 17 June 1671 ; Mr. Robert Maine. 

Which day decerns John Halywill, weaver in Galtonsyd, 
to subscribe and deUver to John Scott there an assig- 
nation by him to the pursuer of his right of a house 
and yard in Galtonside, conform to a condition passed 
between them ; defender confessed the condition, ' pro- 
vyding it be upon the said persewer his own expenses.' 

Eodem die decerns Thomas Wilkiesone, clerk of Melrose, 
to extract a decreet obtained at the instance of Philip 
Darling in Spotswood against Andrew Darling of Apple- 
treeleaves, and William Wilson in Longhauch, as his 
cautioner, ' becaus the said Andro Darling did not insist 
against the said persewer what he had to lay to his charg, 
and therfor decerns the decreit to be extracted without 
finding cautione.' 

Eodem die decerns Adam Darling in Westhouses to pay 
to Thomas Darling in Blainslie 7 1. 10 s. ' for certaine 
meall and aill drunken be the defender in the persewers 
house ' ; defender absent, pursuer deponed. 

Melrose, 24 June 1671 ; Mr. Robert Maine. 

Which day decerns George Ellies, wright in Darnick,^ 
to pay to Robert Spotswood there 6 I. for timber bought 
from pursuer ; pursuer adduced as witnesses John Fischer 
and Andrew Mersser, who deponed positively. 

Eodem die decerns all and sundry the feuars and por- 
tioners of the regality of Melrose to pay to the Earl 
of Haddington, their master, their Whitsunday and 
Martinmas maills 1671 and feufarm crop 1670. 

Eodem die absolves Robert Spotswood in Darnick from 
action by George Ellies there for 11 L for necessaries ; 
referred to defender, who deponed ' negative as to every 
particular.' 

Eodem die decerns James Wauch in Melrose to pay to 



SHEILL V. LITHGOW 277 

John Wallace, servitor to Mr. William Fleseher in Edin- 
Taurgh, 5 1. 7 s. as interest of 50 merks due to him, and for 
another sum due to the Bishop's Lady, to which the 
pursuer was assigned ; defender confessed. 

Eodem die decerns John Purves in Lessuden to pay to 
Thomas Uns there 6 1. and a boll of bear for a half year's 
fee promised by pursuer to the defender, because the 
defender feed himself with another. 

Eodem die absolves Helen Ker in Melrose from action 
by George Wallace there against her ' for violentlie 
posessing off ane house in Melrois perteining to the said 
persewer and given over be the defender befor Witsonday ' ; 
referred to defender's oath whether or not ' she gave him 
over,' who deponed negative. 



Melrose, 1 July 1671 ; Mr. Robert Maine. 

Which day absolves Alexander Lithgow of Drygrange 
from action by James Sheill, feuar of Hauchheid, por- 
tioner of Earlston, against him ' for to sell annailzie and 
dispone to the said persewer all and haill the lands of 
Cleakmea and Kaidslie doores perteining to the said 
defender ' and grant all sufficient titles and security for 
transferring the same to the pursuer and his heirs and 
assignees, and to cause Margaret Elliott his spouse consent 
thereto and judicially renounce her liferent right thereto 
before 31st March last, under a penalty of 100 1., ' and 
thereupon did receave from the persewer ane noble 
extending to 4 1. Scotts money of earnist,' all conform to 
Minute of Agreement between them dated — January last ; 
because ' the forsaid lybell being not fund relivant be the 
said baillie deput and ther being ane clause in the said 
minut provyding if the Earle off Hadintone was content 
to receave the said persewer vasall, if not, boath pairts 
sould be fred of the said bargane ' ; and admits to pursuer's 
probation the giving of 4 1. in earnest. 

Eodem die decerns Charles Watson in Longlie to pay to 



278 MELROSE REGALITY RECORDS 

Agnes Gill in Melrose 4 1. arreisted in his hands pertaining^ 
to Jean Hunter in Edinburgh ; defender absent, pursuer 
deponed. 

Eodem die decerns Hew Ormston in Westhouses either 
to deliver to George Wederston in Sorowlesfeild 5 1. or 
else to deliver to him ' ane -stufe clock ' bought from 
pursuer ; defender confessed. 

Eodem die decerns Thomas Law, weaver in Melrose, ta 
pay to James Wauch there 4 1. 11 s. 8 d. due by defender 
to James Myln, and to which the pursuer is assigned ; 
also 9 1. for a boll of bear received from pursuer by Thomas 
Mein in Eildon upon the defender's account ; defender 
confessed the 4 1. 11 s. 8 d., and as to the 9 1. the same was 
proven. 

Eodem die advocation Thomas Mylne contra George 
Pringle of Buckholme was produced and admitted. 

Melrose, 8 July 1671 ; Mr. Robert Maine. 

Which day decerns John Broun in Newsteid to pay to 
James Mersser there 3 1. 10 s. for straw and corn due by 
defender to pursuer ; defender confessed. 

Eodem die decerns David Uns, portioner of Lessudden, 
to flit and remove from a half husband land in Lessudden, 
with houses and pertinents, at Whitsunday last, 1671, 
so that Walter Scott of Raeburne and others in his name 
may enter to possession ; William Lithgow, pursuer's 
procurator, produced Scott's sasine of the lands ; defender 
absent, his wife present refused to find caution for the 
violent profits. 

Melrose, 15 July 1671 ; Mr. Robert Maine. 

Which day decerns Patrick Lukupe, in Melrose, and 
Jean Fischer his spouse to pay to Christian Patersone 
in Kelso 4 1. for a half year's fee ; defenders absent, 
pursuer deponed. 



ACTIONS FOR WAGES 279 

Eodem die decerns Thomas Law in Melrose to pay to 
James Bowar in EUdon 6 t. 16 s. for a half year's fee ; 
defender confessed ' and alledgit the persewer promised 
to spair him untill he gott it,' which being referred to 
pursuer's oath the latter deponed negative. 



Melrose, 22 July 1671 ; Mr. Robert Maine. 

Which day decerns Thomas Blaikie in Galtonside and 
Margaret Darling his spouse to pay to Thomas Boustone 
in Galtonside 31. 5 s. as balance of price of malt ; de- 
fender denied, and referred it to pursuer's oath, who 
deponed positively. 

Eodem die decerns George Pringle in Coblhouse to pay 
to James Edgar, fiscal, 50 1. arreisted in his hands pertain- 
ing to George Pringle of Blindlie ; defender confessed 
being due to his master 50 1. at Candlemas ; supersedes 
extract till Candlemas. 

Eodem die decerns Helen Smaill in Melrose to pay to 
Isobel Ellies, wife of James Edgar in Melrose, 61. 9 s. 
for a half year's fee, because the defender feed herself 
with the pursuer and did not give her over again but feed 
herself with another. 



Melrose, 29 July 1671 ; Mr. Robert Maine. 

Which day absolves James Wauch in Melrose from 
action by Thomas Lukupe, wright there, ' for the teilling 
and shearing of the tenter yaird perteining to Patrik 
Lukupe in Melrois and taken betuixt them this present 
cropt and yeir of God 1671 ' ; because the libel was not 
found proven, ' and the said persewer gav it all offer to 
the defender.' 

Melrose, 5 August 1671 ; Mr. Robert Maine. 

Which day decerns Elspeth Ker in Longhauch either 
to enter home to the service of George Pringle of Buck* 



280 MELROSE REGALITY RECORDS 

holme till Martinmas next or pay him 13 L 16 s. for fee ; 
defender absent. 

Eodem die decerns George Pringle in Westhouses to pay 
to Thomas Boustone in Galtonside 4 1. 10 s. as balance 
of price of malt ; defender absent. 

Melrose, 19 August 1671 ; Mr. Robert Maine. 

Which day decerns Margaret Lythgow, spouse to James 
Ellies of Huntlywood, to pay to Isobel Ellies, spouse to 
James Edgar, in Melrose, 31. 10 s. arreisted in her hands 
pertaining to Helen Small her servant ; defender confessed 
the same to Andrew Kennidie, officer, and upon his 
declaration the bailie decerned. 



Melrose, 7 October 1671 ; Andrew Mar, portioner of 
Galtonside, bailie-depute, pro tempore. 

Which day decerns Robert Pringle of Blindlie to pay 
to James Edgar, fiscal, 50 L ' for ane amerciament and 
fyne [sic] comitted be him upon Jonnett Thomsone in 
Westhowses and Margaret Gill ther ' ; defender absent. 

Eodem die decerns said Robert Pringle to pay to said 
Janet Thomson 55 s. ' for briking of ane poote and ane 
lock broken be the said defender to the said persewer ' ; 
pursuer adduced as witnesses James Patersone in 
Westhouses and Janet Burne his spouse, who deponed 
positively. 

Melrose, 14 October 1671 ; Andrew Mar. 

Which day decerns George Cairncroce in Longlie to 
pay to John Anderson in Ridpeth 41. 16 s. 4 d. for meat 
and drink furnished by pursuer ; defender denied, referred 
to his oath, who deferred to pursuer's oath who deponed 
positively. 

Eodem die decerns Thomas Watsone in Blainslie to pay 
to William Murdo in Birkinsyd 31. 6 s. 8 d. as the price 



GOVENLOCK v. ANDERSONES 281 

of a black mare bought from pursuer last Midsummer 
day ; referred to defender's oath, who deferred to pursuer, 
who deponed positively. 



Melrose, 28 October 1671 ; Mr. Robert Maine. 

Which day decerns William Andersone in Ridpeth and 
John Andersone his son to pay to John Govenlock, herd 
in Ridpeth, 20 1. borrowed by them from him about 
twenty years ago ; defenders absent. 

Eodem die decerns John Thurburand in Lessudden to 
pay to James Turner in Dryburgh 71. 6 s. 8 d. for a 
boll of bear bought from pursuer ; defender denied, 
referred to his oath, who deferred to pursuer, who deponed 
the sum was justly due. 

Eodem die decerns John Hoy in Galtonside to pay to 
Margaret Eliott, wife of Alexander Lythgow of Dry- 
grange, 2 1. 11 s. 4 d. ' for ane pynt stope full of hunie 
lost be the said defender to the persewer ' ; defender 
absent. 

Eodem die decerns Andrew Cairncroce of Wester Longlie 
to pay to John Andersone in Ridpeth 5 1. 4 s. due by him 
to George Cairncroce his servitor and arreisted in his hands ; 
William Cairncroce son of the defender, confessed. 

Eodem die decerns William Fischer of Eister Longlie 
to pay to Thomas Boustone in Galtonsyd 41. 8 s. 6 d. 
for straw and broom bought from pursuer ; referred to 
defender's oath, deferred to pursuer, who deponed 
positively. 

Eodem die decerns Thomas Bowie in Melrose to pay to 
John Lithheid there 11 1. 6 s. contained in decreet at 
defender's instance against pursuer ' efter the samen was 
payed ' ; referred to pursuer's oath, who deponed posi- 
tively ' that he had the said soume 2ce over.' 



282 MELROSE REGALITY RECORDS 

Melrose, 4 November 1671 ; Mr. Robert Maine. 

Which day decerns Katherine Riddell in Lessudden 
to pay to John Handiesone, burgess in Selkirk, 4 1. 15 s. 
for wool bought about 3 years ago ; defender absent. 

Eodem die decerns William and John Anderson in 
Ridpeth to pay to John Gownlock, herd there, 11 L 
16 s. 4 d. for the pursuer's herd-boll for herding the 
defender's sheep, crops and years . 1669, 1670, 1671 ;: 
defender absent. 

Eodem die decerns William Huntar in Ridpeth to pay 
to John Andersone there 41. 18 s. 4 d. due to pursuer ;. 
defender denied, pursuer referred it to his oath, who 
deferred to pursuer, who deponed positively. 

Eodem die decerns Willaim Lukup, portioner of Din- 
zeltone, to pay to Adam Neill in Fans 21 1. as the price 
of a black ' kyne ' bought from pursuer ; defender absent,, 
pursuer deponed. 



Melrose, 10 November 1671 ; Mr. Robert Maine. 

Which day decerns all and sundry the following ta 
pay to Francis Scott of Longshaw, viz. John Frater in 
Longhauch 20 s. as the price of the multure of 3 bolls 
and 4 small fulls of oats abstracted from pursuer's mill of 
Longshaw ; Marion Hadone there 3 1. as multure of 6 
bolls of oats and 2 bolls of humble corn abstracted ; 
Mr. Andrew Darling, portioner of Appletrieleives, 3 L 
as multure of the like quantities ; John Greive in Blainslie 
20 s. for multure of 2 bolls humble corn ; George Moffit 
there 5 s. for multure of 3 half firlots humble corn ; 
James Rolmanhouse there 5 s. for multure of 3 half firlots 
humble corn ; James Dewar there 12 s. for multure of a 
boll of humble corn ; John Sounhouse there 12 s. for the 
same ; James Sounhouse there 3 s. for multure of 2 fulls 
of humble corn ; John Wallace there 12 s. for multure of 
a boll of the same ; Robert Sheill there 12 s. for the like ; 



LANGSHAW MULTURES 283 

James Wilsone there 4 s. for multure of 2 fulls and 5 
copfulls of humble corn ; George Clapertone in Ladup- 
moore 3 1. 10 s. for multure of 4 bolls of malt ; and Thomas 
Watsone in Blainslie 12 s. for multure of a boll of humble 
corn ; abstracted of crop 1670. Pursuer referred to 
defender's oaths, who deponed as above ; 6 s. expenses 
for each defender. 

Eodem die decerns John Sounhouse, portioner of 
Blainslie^ to pay to Thomas Lythgow, macer in Ersiltone, 
3 1. 10 s; for services done by pursuer to him ; defender 
denied, pursuer referred to his oath, who deponed he was 
owing the pursuer no more than the above sum. 

Eodem die decerns Thomas Bichott in Danzieltone to pay 
to Andrew Penman in Melrose 32 s. 4 d. for ale and oats 
furnished by pursuer ; referred to defender's oath, who 
deponed he was owing only the above sum. 

Eodem die absolves John Govenlock, herd in Ridpethe, 
from action by John Anderson there for certain sheep, 
ewe hogs and lambs, lost by the defender about seven 
years ago, valued at 64 L ; referred to defender's oath, 
who deponed negative to the whole ; 18 s. expenses of plea. 



Melrose, 18 November 1671 ; Mr. Robert Maine. 

Which day decerns William Notman in Threipwood 
to pay to Helen Frater in Bridgend 5 1. for a harvest fee 
wrought for to the defender in 1668 ; defender absent, 
pursuer deponed. 

Eodem die decerns John Lithheid, portioner of Melrose, 
to pay to Sir Thomas Ker of Cavers 12 1. for sheep bought 
from pursuer four or five years ago ; Andrew Phaup, 
pursuer's procurator, referred to defender's oath, who 
confessed the debt. 

Eodem die decerns George Hounam in Bridgend to pay 
to Nicol Uscher there 91. 6 s. 8 d. as balance of a greater 



284 MELROSE REGALITY RECORDS 

sum due to pursuer by bond ; referred to defender's 
oath, who deferred to pursuer, who deponed positively. 

Eodem die decerns Mungo Patone in Lessudden, John 
Lithane there, and Malie Riehiesone there to pay to 
Margaret Park in St. Boswells as follows, viz. Paton 
to pay 42 1. for the ferme bear of a half husband land in 
Lessudden possessed by him pertaining to her in liferent, 
crop and year 1671 ; Leithane 63 1. for a half husband 
land possessed by him in Lessudden, said crop ; Richieson 
66 1. 10 s. for ferme bear of a husband land a half there, 
said crop ; defenders all absent ; 17 1. expenses. 

Eodem die decerns Thomas Mersser in Drygrange to 
pay to Thomas Milne in Ridpeth 6 1. 16 s. due by defender 
to Alexander Lythgow of Drygrange his master ' and 
drawn in ane precept be the said Alexander to the said 
defender to pay the persewer ' ; defender absent, pursuer 
deponed. 

Eodem die decerns Thomas Bichott, herd in Eildon, 
to pay to William Eckills in Newton four merks ' for ane 
gim twenter ew ^ bought be the persewer from the defender 
and neiver delywered nor receaved be the defender to 
the persewer ' ; defender confessed, and deponed he 
was due the pursuer nothing more. 

Eodem die decerns all and sundry the portioners, feuars, 
farmers, tacksmen, possessors and occupiers of the lord- 
ship of Melrose to pay to Charles, Earl of Haddington, 
their maills and fermes for Martinmas 1671 and arrears. 



Melrose, 25 November 1671 ; Mr. Robert Maine. 

Which day decerns James Lambe in Melrose to pay 
to John Leithheid there 5 1. 16 s. for 4 sheep ' bouks ' 
bought from pursuer ; defender confessed. 

Eodem die decerns John Quarie in Eildon to pay to 



■ ? 'neat two year old ewe.' — Jamieson. 



GRAY V. COCHRANE 285 

Robert Riddell in Newsteid 4 1. 16 s. for a boll of bear 
bought from pursuer ; defender absent, pursuer deponed. 

Eodem die decerns John Leithheid in Melrose and 
Margaret Leithheid his spouse to pay to James Lambe 
there and Margaret Wauch his spouse 10 1. 12 s. of money 
and for meal borrowed from the pursuers ; defenders 
denied, referred to their oaths, who deferred to pursuers, 
who deponed positively. 

Eodem die decerns Thomas Uns, portioner of Lessudden, 
to pay to Adam Harvie in Boudone 4 1. 5 s. 4 d. for a 
harvest fee, 1671 ; referred to defender's oath, who 
confessed. 

Eodem die decerns John Leithheid in Melrose to pay 
to Sir Thomas Ker of Caverse 9 1. 18 s. 8 d. as remains of 
price of sheep bought from pursuer ; because the defender 
promised to the bailie to speak with the pursuer and 
bring a testificate from him that it was paid, who failed 
therein. 

Eodem die decerns Robert Cochorane in Lessudden to 
pay to John Gray in Ancrum 32 L for half a husband 
land in Lessudden possessed by the defender pertaining 
to the pursuer, crop and year 1670, and to relieve pursuer 
of the teinds thereof for the crops and years possessed 
by the defender, being seven years ; defender confessed he 
possessed the land seven years ' bygaine and to the yeire 
1670, denyed he posseste it nor yet promised the persewer 
payment of the ferme, and alledgit that persewer took 
John Uns subtenent for his paymaister.' Pursuer 
answered that he never agreed with any person but the 
defender ; defender referred to his oath if he did not take 
Uns cautioner for him, who deponed he did not, and agreed 
with no man but the defender. 



Melrose, 2 December 1671 ; Mr. Robert Maine. 

Which day decerns Thomas Uns in Lessudden to pay 
to Andrew Phaupe, younger, in Melrose 41. 4 s. for two 



286 MELROSE REGALITY RECORDS 

meikle fulls of wheat and a full of bear due to pursuer 
conform to his ticket ; referred to pursuer's oath, who 
deponed positively. 

Eodem die decerns Alexander Clapertone in Appletrie- 
leives to pay to Hew Young in Galashiels and Grizel 
Rodger his spouse 4 1. 16 s. for nursing a child to the 
defender, ' who leived only 22 dayes with the persewer ' ; 
referred to defender's oath, who deponed ' he leived only 
22 dayes with the persewer.' 

Eodem die decerns John Ker, portioner of Melrose, to 
pay to John and George Mersser, servitors to Mr. Robert 
Maine of Lochwood, 26 1. to George for 2 year's fee wrought 
for by him to the defender, 1669 and 1670, and 55 t. to 
John ' for uther 2 yeires fie and remaine of ane uther fie, 
1668, 1669 and 1670 yeires ' ; defender absent, pursuer 
deponed. 

Eodem die action by Walter Cairncroce of Allanshaw 
against George Turner in Calfhill to make forthcoming 
to him 400 merks due by him to William Cairncroce of 
Hilsloppe, his master, for his half year's rent of the lands 
of Calfhill, Martinmas 1671 to Whitsunday 1672, and 
arreisted by Andrew Kennedy, officer, in his hands for 
payment of 236 1., 20 L of penalty, and interest contained 
in a Bond by Hilslope to the pursuer, 30 December 1670, 
and decreet 15 August 1671 at pursuer's instance in refer- 
ence thereto ; defender compearing, and Hilslope absent, 
the defender confessed owing the said sum to his master, 
which he is therefore decerned to make forthcoming, 
deducting public burdens, minister's stipend, feu and 
teind duties for said term and crop. 



Melrose, 9 December 1671 ; Mr. Robert Maine. 

Which day decerns George Pringle in Westhouses and 
Marion Rodger his spouse to pay to Nicol Rinoldsone 
in Bowdone 3 1. of borrowed money ; defenders absent, 
held as confessed. 



' TAKING AWAY ANE MILNSTANE ' 287 

Eodem die decerns Michael Gibsone in Melrose to pay 
to Nicol Reneldsone in Bowdone 5 I. 9 s. for sheep bought 
from pursuer ; defender confessed. 

Eodem die decerns William Fischer in Eister Longlie to 
pay to Charles, Earl of Haddington, 191. due to deceased 
George Freir, defender's servitor, and arreisted in his 
hands at pursuer's instance ; refused to depone what he 
was owing at time of arreistment. 

Eodem die absolves Thomas Hoy in Coumisliehill from 
action by James Feirgreive in Hacburne for 10 bolls of 
oats and 3 small fulls bought from pursuer at 6 1. 6 s. 8 d. 
the boll ; referred to defender ' whither or not the defender 
agried with him. soe,' who deferred to pursuer, who refused 
to depone. 

Eodem die absolves Adam Hislope in Longshaw from 
action by Andrew Cairncroce of Wester Longlie ' for 
taking away at his own hand ane milnstone from the 
bent milne perteining to the persewer, pryce and worthe 
100 merks Scotts ' ; referred to defender, who deponed 
* he fesched the stone at his maister Ancrums directione '; 
absolves, reserving action to pursuer against Ancrum. 

Eodem die decerns Andrew Cairncroce of Wester Longlie 
to pay to Adam Hislope in Longshaw 14 1. for meal and 
other things furnished by pursuer ; referred to defender's 
oath, who deferred to pursuer, who deponed positively. 

Eodem die absolves Bessie Eistone, widow of William 
Robisone in Lessudden, from action by Andrew Phaup 
in Melrose for 4 L principal and 4 merks expenses and 
interest ; referred to defender as to intromission with 
•defunct's goods, who deponed negative. 

Eodem die absolves Nicol Uscher in Brigend from action 
by George Hounam there for 4 I. for tilling ground to the 
defender ; referred to defender's oath, who deponed 
negative. 

Eodem die action by Isobel Lythgow, widow of Alexander 



288 MELROSE REGALITY RECORDS 

Fischer of Sorrowlesfeild, against John Scotte, weaver, 
portioner of Gattonside, who is owing to her 6 1. as balance 
of price of ' ane woobe ' bought from pursuer, to be paid 
on 25 July last, also 6 1. for 6 firlots of bear received by 
the defender's son from the pursuer, also 6 copfull of 
oatmeal, price 33 s., also 34 ells of strakings at 8 s. the 
ell, inde 13 L 12 s., which the defender has kept in his 
loom this half year bygone, to her great prejudice. Pursuer 
compearing by William Fischer her son, as procurator, 
defender compearing personally, the bailie absolves him, 
except 12 s. confessed by defender and a ' straiking woobe ' 
which he is content to deliver up upon payment for his 
work ; because defender denied, and the procurator 
referred to his oath, deponed he owed nothing of the 
cloth and bear except 12 s. and the said web. 

Eodem die action by Grizel Scotte, widow and executrix 
of John Fischer of Wester Housbyre, against Isobel 
Lythgow, widow and executrix of Alexander Fischer 
of Sorrowlesfeild, who by her discharge dated 29 November 
1656, as tutrix testamentrix to Helen, Isobel, Agnes 
and Margaret Fisher, her lawful daughters, and Michael 
Fischer, her eldest lawful son, granted her to be fully satis- 
fied and paid by said deceased John Fisher, eldest lawful 
son of the deceased Michael Fisher, portioner of Darnick, 
of the just and equal third of the principal sum of 2000 
merks and bygone annualrents contained in a bond by 
said deceased John Fisher to his said father in liferent 
and after his decease the just third of the said sum to 
said deceased Alexander Fisher, and obliged herself to 
cause her children ratify the said discharge on attaining the 
age of twenty-one years ; but she refuses now to procure 
this ratification. Pursuer compearing, with George Wallace 
her procurator, and defender compearing, with James 
Edgar her procurator, the bailie decerns the defender to 
cause her said children ratify the discharge ; because 
the case being called on 13 November 1669, the defender 
upon frivolous reasons obtained advocation to the Lords 
of Council and Session, who remitted her back to this 



GALTONSIDE BURLEYMEN 289 

court, and on 7 October 1671 James Edgar urged several 
reasons for nullity of process, and the pursuer's procurator 
made reply ; 20 merks of expenses. (Decreet in extenso.) 



Melrose, 16 December 1671 ; Mr. Robert Maine. 

Which day decerns John Leitheid, portioner of Melrose, 
to pay to Thomas Bichott, herd in Eildon, 3 1. 2 s. as balance 
of price of sheep bought from the pursuer ; defender absent, 
pursuer deponed. 

Eodem die decerns Walter Ker in Melrose and Margaret 
Broune his mother to pay to William Bell, portioner of 
Galtonside, 3 L for a year's maill of a house in Melrose, 
Martinmas 1670 to Whitsunday 1671 [sic] ; defender 
absent, pursuer deponed. 

Eodem die decerns William Bell, portioner of Galtonside, 
John Meine, portioner there, John Halywall, elder, there, 
and John Halywall, ' Fair,' there, burlamen in Galtonsyd, 
' for themselffes and in nam of the remanent of the said 
toune,' to pay to William Boustone, herd in Galtonsyd, 
6 1. 15 s. as balance of his fee as herd ; defenders all absent 
except John Haliewall, elder, who alleged the pursuer had 
certain hogs pertaining to Blindlie upon the ground and 
promised to tell the burlamen before they were taken 
away, which he referred to pursuer's oath, who deferred to 
said John Haliewall whether or not the pursuer sent him 
word, who refused to depone. 



Melrose, 23 December 1671 ; Mr. Robert Maine. 

Which day absolves Thomas Bichet, herd in Eildon, 
from action by John Leithheid in Melrose for 4 merks for a 
sheep bought by the pursuer from him and undelivered, 
and 12 s. due by the defender to. the pursuer's son James, 
and 14 s. due to the pursuer for sundry things furnished by 
him, and 8 s. due to the pursuer ' for ane ledge of mutone ' ; 
referred to defender's oath, who deponed negatively. 

VOL. II. T 



290 MELROSE REGALITY RECORDS 

Eodem die decerns James Fischer of Cleakmae to pay- 
to George Fleabairne in Ersiltone 20 s. for a full of oats 
due by defender to James Sheill of Hauchheid and given 
be Sheill to the pursuer; defender alleged the pursuer 
took the full of oats in compensation, referred to his oath, 
^ho deponed negative. 

Eodem die decerns William Fischer, portioner of Eister 
Xonglie, to pay to Alexander Trotter of Easter Housbyre 
12 1., or 2 bolls of oats with the fodder, for his part of the 
loss sustained by the pursuer in the defender's not sowing 
his part of the half of the lands of Housbyr taken by him 
and Charles Watsone from the pursuer that year, 1671 ; 
defender denied, pursuer proved by Andrew Mar and 
Robert Fewer [?], witnesses. 

Melrose, 6 January 1672 ; Mr. Robert Maine. 

Which day decerns Thomas Mersser in Drygrange to pay 
to William Mertone, tailor in Galtonsyd, 4 1. 16 s. ' for ane 
birds fie of William Mertone the persewers sone and for 
6 dayes tailyior work wrought be the persewer to the 
defender ' ; referred to defender's oath, who refused to 
depone. 

Eodem die decerns James Ker of Deinbreas to pay to 
Andrew Plumber of Midlesteid, chamberlain to the Earl 
of Roxbroughe, 20 merks due to pursuer by John Gibsone, 
sometime servant to John Ker of Shaw, for a horse bought 
by Gibson from the pursuer, in 1665, for which debt the 
defender became cautioner, by missive letter 30 Decem- 
ber 1665 produced ; ' becaus the defender was content to 
be soumond at his brother Johns house at Melrois and was 
content that sentance sould be pronunced against him.' 

Eodem die decerns David Uns, portioner of Lessudden, 
to pay to Andrew Phaupe in Melrose 5 1. 8 s. for half a boll 
of bear and 2 fulls and half a peck of pease promised by 
him to the pursuer ; defender absent. 

Eodem die decerns John Mersser in Bridgend to pay to 



' ANE BLANKIT TAKEN AWAY ' 291 

Robert Smythe, herd in Lairdsland, 44 s. ' for the kilHng 
of ane blak bich to the persewer ' ; defender denied, 
pursuer proved by Andrew Chisholme and Andrew Reneld- 
sone, who declared that both parties submitted to them 
and they modified as above. 

Eodem die absolves William Swanstone in Cleakmae 
from action by George Fleabairne in Ersiltone ' for ane hog 
pryce 40 s. aledged killed be the defender to the persewer ' ; 
defender denied, referred to his oath, who deponed nega- 
tively. 



Melrose, 13 January 1672 ; Andrew Mar, portioner of 
Galtonsyd, bailie-depute pro tern. 

Which day decerns William Mertone, tailor in Galton- 
syde, to pay to Agnes Mertone, widow in Old Melrose, 56 s. 
as balance of price of fruit bought from pursuer in August 
last ; defender denied, referred to his oath, who deferred 
to pursuer, who deponed positively. 

Eodem die decerns David Kaidye in Craiksfoord to pay 
to James Pringle, portioner of Ersiltone, 6 1. as balance 
of price of malt bought from pursuer ; defender absent. 

Eodem die decerns William Davidsone in Lessudden to 
deliver to Margaret Hunter in Lessudden ' ane blankit 
taken away be the said defender of ane dyk perteining to 
the persewer ' ; defender denied, pursuer adduced Mungo 
Purves and Janet Coat, ' who deponed they saw the same 
blankit about the hird who was keiping that day for the 
defender,' and pursuer also deponed it was hers. 

Melrose, 20 January 1672 ; Andrew Mar. 

Which day decerns Thomas Bichett in Eildone to pay 
to John Fischer in Darnick 4 1. 11 s. for meal bought from 
pursuer ; defender absent, pursuer deponed. 

Eodem die decerns James Bower, hind in Newmayns of 
Danzieltone, to pay to William Andersone, merchant in 



292 MELROSE REGALITY RECORDS 

Melrose, 5 1. 11 s. 4 d. as balance of price of lint bought 
from pursuer ; defender denied, referred to his oath, who 
deferred to pursuer, who deponed positively. 

Eodem die decerns William Andersone, merchant in 
Melrose, to pay to James Bower in Newmayns of Danziel- 
ton 40 s. for 30 loads of muck intromitted with by defender 
pertaining to pursuer ; denied, referred to defender's oath, 
who deferred to pursuer, who deponed positively. 

Melrose, 27 January 1672 ; Mr. Robert Maine. 

Which day decerns John Purves in Drygrange to deliver 
to James Louse in Magilpoets ' ane stoned black staige ane 
yeire old cute meynd cut tailed with tua neive longe of 
haire in the taill under the rumple with sum gray hairs 
and the taill mor grayer nor the rest ' now in his custody 
pertaining to the pursuer ' and bought be the said per- 
sewer at St. Boswell's day last and wandered away within 
a short tyme therefter ' ; and fines defender 20 1. for his 
wrongous ' hamholding ' and intromitting with the same, 
and ordains him to remain in prison till he pay ; because 
the defender denying, pursuer proved same by several 
witnesses ; 48 s. expenses of plea. 

Eodem die decerns Andrew Mein in Newsteid and James 
Wauch in Melrose to make forthcoming to Charles, Earl 
of Haddington, as follows, Mein 2 bolls 2 pecks of bear 
due by him to John Rodger, writer in Edinburgh, or to 
John Mein, portioner of Newsteid, for the said John Mein's 
lands in the Annay of Melrose possessed by said Andrew, 
crop 1671 ; and Wauche 5 I. due by him to said John Mein 
or John Rodger ; arreisted in their hands at the Earl's 
instance for satisfaction of 15 1. due to him for 2| acres of 
land in the Annay, crop 1665 ; defenders confessing to the 
above sums as due by them. 

Eodem die decerns Thomas Bichett, herd in Eildone, to 
pay to Robert Ormstone, servitor to James Eillies of 
Huntlywood, 10 1. 5 s. for sheep bought from pursuer ; 
defender absent, pursuer deponed. 



SUNDRY DECREES 293 

Eodem die absolves James Hunter in Eildone from 
action by Robert Riddell, weaver in Newsteid, for a hog 
lost by defender, worth 50 s. ; ' becaus the defender con- 
feste he sett the persewer 5 sheips grase to the persewer 
and that he delywered them to the bird but did not promise 
to mak furth cummand,' therfore absolves. 

Eodem die decerns Malie Richiesone in Lessudden to 
pay to John Coat, officer, portioner there, 9 1. 12 s. for 
certain bear and pease bought from pursuer ; defender 
absent. 



Melrose, 3 February 1672 ; Mr. Robert Maine. 

Which day decerns Margaret Broun, widow in Newsteid, 
-and James Mersser her son there to pay to Alexander Mein, 
mason in Newsteid, 6 1. for six firlots of ferme bear ' adebted 
be her to me ' at 4 1. the boll, crop and year 1665, deducting 
to said James Merser the public burdens disbursed by him 
for said year ; defender denied, proved by production of 
contract of marriage between deceased Robert Mein, 
pursuer's father, and said Margaret Broune. 

Eodem die decerns Michael Gibsone in Melrose to pay 
to Thomas Harvie in Maxpople 61. 5 s. for sheep bought 
from pursuer ; defender denied, referred to his oath, who 
deferred to pursuer's oath, who deponed positively. 

Eodem die decerns Helen Hair, widow of Alexander 
Newton, piper in Melrose, to pay to Margaret Leithheid, 
wife of John Lithheid in Melrose, 3 1. for ale and bread 
bought from pursuer ; defender denied, pursuer adduced 
Patrick Lukupe and George Adamsone, who deponed 
positively. 

Eodem die decerns Thomas Watessone in Blainslie and 
James Greive, son of John Greive there, to receive from 
John Murraye in Bounmylne 9 bolls of oats pertaining 
to Jean Greive in Boune and sold by the pursuer to the 
■defenders, and to pay the pursuer 61. 2 s. 6 d. for each 
boll thereof, and also to receive from the pursuer 8 bolls 



294 MELROSE REGALITY RECORDS 

of oats sold by him to them, and pay 6 1. per boll therefor ; 
defenders denying, referred to their oaths, who deponed 
' that quhen they came to sie the oats lybilled the first 
tyme they wer content to receive them if the wynde had 
served, and the nixt tyme they came to sie them and 
they refused them becaus they wer not sufficient,' and 
thereafter both parties submitted to Andrew Mar, por- 
tioner of Galtounsyde, Andrew Chisholme, portioner of 
Darnick, arbiters, and Mr. John Lythgow, portioner of 
Ridpeth, oversman, who decerned as above. 10 1. ex- 
penses of plea. 

Melrose, 10 February 1672 ; Andrew Mar, pro tern. 

Which day decerns John Wilsone in Longhauch to pay 
to Walter Scott in Colmeslie 31. 5 s. for wool bought 
from the pursuer ; defender absent, pursuer deponed. 

Eodem die decerns William Lowden in Blainslie to pay 
to William Pringle there 3 1. 13 s. 4 d. for fees of half a 
year's service by pursuer's son to the defender ; defender 
absent, pursuer deponed. 

Eodem die absolves George Dewer of Eister Longlie 
from action by George Pringle in Coumisliehill, executor 
to deceased Mr. James Pringle, his brother, for 5 1. for 
a boll of oats bought by Dewar from the defunct, and 2 
merks which John Sandelands borrowed from defunct 
for which the defender became cautioner ; defender 
confessed the boll of oats ' but it was for his fie, and 
denyed that he bought them ' ; referred to his oath, wha 
deponed negative ' as to boath.' 

Eodem die decerns John Holme in Longhauch to pay 
to Adam Lythgow, deacon, and John Bell, boxmaster 
of Melroseland, 10 merks ' for his entrie and upsetting 
his weiver looms in Melroisland ' ; defender absent, 
held as confessed. 

Eodem die decerns John Thomsone in Galtonsyd, son 
and heir of deceased John Thomsone portioner there, to 



KIRK SESSION v. BOWER 295 

receive from Robert Clerk there 5 pecks of bear for the 
inaill and duty of a rig of land in Galtonsyd wadset by 
said deceased John Thomson to the pursuer, crops and 
years 1667, 1668, 1669, 1670 and 1671, at a peck yearly ; 
defender denied, ' and aledged \sic] that ther was 27 
yeirs, to quhich the said defender offered to prove that 
ther was no mor auchtand but 5 yeirs,' and adduced 
Thomas Halliewall, John Haliewill ' Croce,' and Henry 
Milds, who declared there was no more owing but the 
said five years. 

Eodem die ' decerns cognitionis causa contra hereditatem 
jacentem ' in favour of Mr. Alexander Bissett, minister 
at Melrose, for himself and in name of the kirk-session 
of Melrose, against John Bower, eldest lawful son and 
heir of deceased William Bower, or charged to enter heir 
to him in ' that house and yaird adjacent therto in Melrois 
presentlie poseste be the said John Bowar woodset be 
the said umquhill William Boware to the said minister 
and kirk [sic] for the soume of ane hunderethe merks 
Scotts then borowed and receaved be him from the said 
kirk sessione,' conform to his Bond to them, 25 June 1666 ; 
because John Bowar compeared and renounced to enter 
heir, producing a Renunciation subscribed by him, 2 
February 1672. 

Melrose, 17 February 1672 ; Mr. Robert Maine. 

Decerns John Scott, weaver in Galtonsyd, to pay to 
Isobel Lythgow, goodwife of Sorowlesfeild, 3 1. 12 s. 
' for the remaine of ane woobe ' bought from pursuer ; 
both parties referred themselves ' to the decone and 
boxmaister,' who ordained to pay costs as above. 

Eodem die the bailie ratifies and approves the act 
made by Gideon Jacksone, 13 October 1660, ' anent the 
marcat of Melrois upon Saturday weiklie,' and interpones 
his authority thereto, and ordains the same to be ' custome 
frie ' for a year to come ; to be intimated this day at the 
market cross, and at the kirk on Sunday next. 



296 MELROSE REGALITY RECORDS 

Melrose, 24 February 1672 ; Mr. Robert Maine. 

Which day decerns John Broun in Newsteid to dehver 
up to John Vair in Eildone ' ane peice trie as the remaine 
of ane haill eshe trie ' bought by pursuer from the defender 
for 31.;' becaus the defender aleidged the persewer lefte 
him the peice outt,' which pursuer denied, and referred 
to defender's oath, who refused to depone. 

Eodem die decerns Walter Ker, merchant in Melrose, 
to pay to Richard Halywall, merchant burgess of Selkirk, 
20 1. 10 s. as a part of the sum of 22 1. 12 s. contained in 
a ticket, 13 December 1670, by the defender to the pursuer ; 
defender confessed ' the samen and denyed the rest and 
referred the samen to the persewers oath the nixt courte.' 

Eodem die absolves Alexander Dalgleishe in Old Melrose 
from action by William Mertone ' in Melrois Galtonsyd' 
for becoming cautioner to him for a servant of the defender 
' for breaking of ane fruit yaird in Old Melrois bought be 
the persewer ' ; pursuer adduced Andrew Merser and 
Robert Fisher, who declared * the yaird was all sheken 
befor the defenders mane brak it and that ther was but 
2 plums in the trie when he was one it ' ; and fines the 
pursuer in 12 s. ' to be given to the poore.' 

Eodem die James Darling, son of deceased Nicol Darling 
in Langhauche, elected and chose Andrew Darling, por- 
tioner of Appletrieleives, James Darling in Faldonsyd, 
and Peter Darling in Ersiltone, to be his curators during 
his minority, who accepted office and became cautioners 
mutually. 

Melrose, 2 March 1672 ; Mr. Robert Maine. 

Which day decerns John Coat in Lessudden, Andrew 
Unss there, John Gibsone there, John Unss, wright, 
John Fairbair [sic], John Robisone, Nicol Bennett, John 
Patone there, John Glendining there, Walter Gibesone 
there, tenants to Walter Scott of Raeburne, to pay to 
Mr. John Sumerwell, minister of St. Boswells, 2 merks 



APPLETREELEAVES DISPUTE 297 

each of them for each husband land pertaining to said 
Walter Scott, conform to the stent roll dated 17 April 1670. 

Eodem die decerns John Thurburand in Lessudden to 
pay to Mark Pursall there 4 1. of fee for services by pursuer 
to defender in harvest 1671 ; defender denied, referred 
to his oath, but deferred to pursuer, who deponed 
positively. 

Eodem die decerns John Unss alias Great in Lessudden, 
tenant to John Gray, portioner there, to pay to Mr. John 
Sumervell 18 1. for his stipend due by said John Gray to 
him for his lands there, crops and years 1668, 1669 and 
1670, possessed by said John Unss ; defenders absent ; 
40 s. expenses. 

Melrose, 16 March 1672 ; Mr. Robert Maine. 

Which day decerns Andrew Darling, portioner of 
Apletrieleaves, Mr. Andrew Darling, portioner there, 
Mr. William Dugood, portioner there, and his tenants, 
to pay to Mr. Thomas Byris, schoolmaster in Melrose, 
71. 2 s. as their proportion of his stipend from their lands 
of Apletrieleaves and Longhauch ; defenders absent. 

Eodem die decerns John King in Lessudden and Andrew 
Uns there to pay to George Pringle in St. Bosswalls, as 
fbllows, King 4 1. for rent of a house set to him, 1672, and 
Unss 11. 10 s. 'as the part of ane hous maill sett ' by 
pursuer to him, 1672 ; defenders confessed. 

Melrose, 23 March 1672 ; Mr. Robert Maine. 

Which day decerns David Uns in Lessudden to pay 
to Cornelius Nisbett in Drybrugh 1 1. 10 s. due by him 
to Thomas Gastoune in Lessudden ' and promited me 
payment of the samyne ; becaus John Coat, officer, 
asserted the samyne was true.' 

Eodem die decerns Thomas Uns, portioner in Lessudden, 
and Margaret Adamesone his spouse to pay to Mungo 



298 MELROSE REGALITY RECORDS 

Paton, portioner there, 21 1. 14 s. 8 d. for malt bought 
from pursuer ; defenders absent. 



Melrose, 30 March 1672 ; Andrew Mar, pro tern. 

Which day decerns Patrick Lukupe, wright in Melrose,, 
to pay to Andrew Merser in Darnick 3 1. 12 s. for meal 
bought from pursuer ; defender confessed. 

Eodem die decerns Philip Fair in Longshaw and David 
Kaidye in Craiksfuird to pay to the pursuer [not named]. 
as follows, Fair 4 1. 12 s. for meal, and Kaidye 45 s. for 
oats, bought from pursuer ; defenders absent. 

Melrose, 6 April 1672 ; Andrew Mar. 

Which day decerns John Sounhouse in Blainslie to pay 
to Francis Scott of Langshaw 40 1. 11 s. of teind duty for 
his lands in Blainslie, payable at Candlemas last, crop 
1671 ; defender absent. 

Melrose, 13 April 1672 ; Andrew Mar. 

Which day decerns John King in Lessudden to pay ta 
Robert Ker of Fotherlie 3 1. 13 s. 4 d. ' for the exchyng 
of ane horse ' ; defender absent. 

Melrose, 20 April 1672 ; Andrew Mar. 

Which day absolves James Riddell in Lilslie from action 
by Patrick Lukupe, wright in Melrose, for 48 s. for 4 
days' work alleged wrought by pursuer to defender 
about seven years ago, and 13 s. 4 d. ' for a cairt full of 
grains,' and 3 s. 4 d. ' for ane burding of grains ' ; defender 
denied all but 6 s., referred to his oath, who deponed 
negative to all except the 6 s. which he paid at the bar. 

Eodem die decerns George Clapertone in Laudupmoorfr 
to pay to James Sheill of Haucheid 9 1. for malt bought 
from pursuer ; defender absent. 



RATIFYING A DISPOSITION 29» 

Eodem die decerns George Dewar in Longlie to pay to 
Andrew Hounam in Yaire 4 1. for bear bought from 
pursuer ; defender absent. 



Melrose, 27 April 1672 ; Mr. Robert Maine. 

Which day decerns Isobel Lythgow, goodwife of 
Sorowlesfeild, to pay to James Ker in Ridpeth 51. 4 s. 
' for the remaine of ane fie and 10 sheips smeiring wrought 
be the persewer to the defender ' ; defender absent. 

Eodem di^ compeared Abigail Brayden, lawful daughter 
of deceased Andrew Bryden, portioner of Lessudden, 
and wife of David Uns in Lessudden, and judicially 
ratified a Disposition granted by said David Uns with 
consent of her and Isobel Bryden her sister in favour of 
Walter Scot of Raeburne, 17 January 1672, making over 
irredeemably to him ' that ther halfe ane husband land 
in Lessuden with ther eister heid roume or unsteade and 
yeards therof, tofts, crofts, parts, pendicles and haill 
pertinents of the samyne quhatsumever, togidder with 
ther seven butts of land ther called the Serjand buts 
perteining and belonging therto with the pertinents,' 
sometime belonging to deceased Andrew Bryden, lying 
in the town and territory of Lessudden. William Lyth- 
gow, procurator for Walter Scott, took instruments 
hereupon, in the writing chamber of the notary [not named] 
in Melrose, between 6 and 7 p.m. ; witnesses, Alexander 
Trotter of Eister Housbyre, Andrew Mar, portioner of 
Galtonside, Walter Tait, servitor to John Pringle 
of Williamlaw, and James Bowar in Newmains of 
Danzeltoune. 



Melrose, 4 May 1672 ; Mr. Robert Maine. 

Which day ' the baillie fyns the birds for burning of 
hether in forbiden tyme, conform to the actt of Parlia- 
ment, and ordeines precepts to be directt therupon in 
form as effeirs.' 



300 MELROSE REGALITY RECORDS 

Melrose, 11 May 1672 ; Mr. Robert Maine. 

Which day decerns Robert Pringle of BlindUe to pay 
to John Hoy in Galtonside 7 1. for a half year's fee ' and 
ane cariadge to Edinburgh,' due by defender to pursuer ; 
defender denying, referred to his oath, who deferred to 
pursuer, who deponed positively. 

Melrose, 18 May 1672 ; Mr. Robert Maine. 

Which day decerns all and sundry the feuars, fanners, 
tenants, tacksmen and possessors of Melroisland to pay 
to Charles, Earl of Haddington, their Whitsunday maill 
and duties, 1672, and arrears. 

Eodem die absolves Andrew Phaupe in Melrose from 
action by Thomas Boustone, ' punder ' in Galtonsyd, 
for 6 1. ' for which the said defender poyned [sic] the 
persewer without any warrand for [sic] the justice of 
peice ' ; defender denying, referred to his oath, who 
deponed negative ' that ever he poyned the persewer.' 

Melrose, 25 May 1672 ; Andrew Mar, pro tern. 

Which day decerns George Bartone in Galtonside to 
pay to William Boustone, weaver in Galtonside, 8 1. 
14 s. 8 d. for seven half fulls of bear and 'ane yew hoge ' 
left in legacy to pursuer by deceased George Bartone, the 
defender's father ; defender confessed. 

Eodem die decerns George Clapertone in Laidupmore to 
pay to John Watsone in Longlie 9 1. 10 s. 4 d. for rent of 
a house ; defender's wife confessed. 



Melrose, 1 June 1672 ; Andrew Mar. 

Which day decerns John Bunzie in Newsteid to pay to 
Mr. William Mein there 15 1. 1 s. 6 d. for malt bought from 
pursuer ; defender absent. 



RETOUR HUNTER TO HUNTER 301 

Eodem die absolves Walter Gibsone in Lessudden from 
action by George Pringle in St. Boswells for a hog of the 
pursuer's worth 3 1. alleged taken away by defender ;. 
denied, referred to his oath, deponed negative. 



Melrose, 8 June 1672 ; Andrew Mar. 

Which day decerns Alexander Lythgow of Drygrange 
to pay to Sir Thomas Ker of Fernilie 47 1. due to Andrew 
Lythgow his brother and arreisted at pursuer's instance ; 
defender confessed. 

Eodem die decerns Alexander Thomsone in Coumislie 
to pay to John Wilsone in Galashiels 5 1. as balance of a 
greater sum due to pursuer ; defender absent, pursuer 
deponed. 

Eodem die decerns George Turner, tenant in Calfhill, 
to deliver to Thomas Wilkiesone, clerk of Melrose, 540 
merks, 1 s. 6 d. due by him to Walter Cairncroce of Allan- 
shawes and arreisted for satisfaction of a Bond, 14 Decem- 
ber 1670 by Cairncroce to the pursuer ; defender con- 
fessed he owed Cairncroce ' more nor the said soum.' 

Eodem, die decerns John Braiden in Lessudden, John 
King there, Janet Uns there, and Bessie Ker there, to flit 
and remove from ' the houses and yeards in Lessudden 
perteining to ane quarter of land ther quhich perteines 
heretabillie to Mr. James Adamsone, minister of Pitnen,' 
before Tuesday next, so that Adamson and others in his 
name may enter and possess the same ; ' becaus the saids 
defenders at the least the most part of them compeired and 
confest the posessione of the samyne.' 

Eodem, die Retour [in Latin] of the general service of 
Margaret Huntar, lawful daughter of deceased William 
Huntar of Braidwoodsheillis, to her grandfather Mr. 
William Huntar of Williamlaw. Names of assise, John 
Stirling, portioner of Blainslie, John Darling, portioner 
there, James Sounhous there, James Rolmanous, younger, 
there, John Thine, portioner there, Edward Darling, 



302 MELROSE REGALITY RECORDS 

portioner there, Thomas Boustoun alias Winde, portioner 
of Galtonside, John Meine, portioner of Newsteid, James 
Fischer of Clackmae, Andrew Chisholme, portioner of 
Darnick, James Edgar, portioner of Melrose, George 
Wallace, notary public there, James Ker, younger, there, 
William Fischer, elder, portioner of Eister Longlie, and 
Andrew Heiton, portioner of Darnick. Thomas Wilkie- 
son, clerk of regality, writes the deed. 

Melrose, 15 June 1672 ; Andrew Mar, pro tern. 

Which day decerns Alexander Dalgleishe in Quarrell- 
hill, James Patersone, portioner of Danzeltoun, William 
Gill, portioner there, Thomas Drumon, portioner there, 
William Lukupe, portioner there, George Eillies, portioner 
there, John Mertoune there, and John Stennes there, ' to 
keip good neighbourheid with James Bowar in Newmains 
of Danzeltoune from eateing and destroying of his cornes 
and gresse in all tyme cuming under the pain of five merks 
Scotts for ilk transgressione ' ; because William Gill and 
Thomas Drumond, two of the defenders, compeared and 
said nothing against the same. 

Eodem die decerns William Notman in Threipwood to 
pay to Thomas Gill, miller in Newhall mill, 7 1. for humble- 
corn bought from pursuer about eight years ago ; defender 
absent, pursuer deponed. 

Melrose, 22 June 1672 ; Andrew Mar, pro tern. 

Which day decerns Lancie Broune, indweller in Lessud- 
den, John Uns alias Great there, John Uns there, Helen 
Richisone there, and Andrew Riddell there, to pay to 
Thomas Huntar, merchant in Melrose, the following sums, 
viz. Brown 8 1. 6 s. for balance of price of sheep skins ' and 
exchange of ane meir ' ; John Uns alias Great, 4 1. for 
' ane oxen hyre ' ; Richisone and Riddell 4 1. each for the 
hire of oxen lent them by pursuer ; and John Uns, wright, 
4 1. for a half boll of bear ; defenders absent, pursuer 
deponed. 



LESSUDDEN TEINDS 303 

Eodem die decerns Janet Brotherstanes, widow of John 
Kylle, portioner of Lessudden, now spouse to James 
Archbald there, to pay to George Bulman in Longnewton, 
portioner of Lessudden, 40 1. 7 s. 2 d. for parsonage teinds 
of half a husband land in Lessudden with pertinents, some- 
time pertaining to said deceased John Kylle and now to the 
pursuer, for crop and year 1671 and precedings, possessed 
by the defenders, and to pay the same yearly hereafter 
during their possession ; because pursuer produced a dis- 
charge from Alexander Patersone, factor and chamberlain 
to David, Lord Cardrus, titular of the teinds, to the pursuer 
as heritable proprietor of the said lands, bearing that 
pursuer had paid the said parsonage teinds for the de- 
fenders, dated 15 May 1669. 



Melrose, 29 June 1672 ; Andrew Mar. 

Which day decerns Thomas Lukupe in Melrose to pay to 
Robert Mein in Eildoun 1 1. 10 s. for two trees of the 
pursuer's taken away by the defender ' out of his houses in 
Galtonsyde ' ; pursuer referred the worth of them to 
defender's oath, who deponed ' the samyne was no better 
worth nor 30 s.' 

Eodem die decerns John Feirgreive in Melrose to pay to 
Andrew Penman there 4 1. 14 s. 10 d. ' for the house maill 
and uther things adebted be the defender to the persewer ' ; 
defender confessed. 

Eodem die decerns William Fischer in Newsteid to pay 
to James Mersser there 3 1. 16 s. 8 d. for six half fulls of 
bear ' eatened and distroyed be the defenders horse to the 
persewer ' ; defender denied that his horse ate it, and 
pursuer referred to his oath, who deferred to pursuer, who 
deponed positive. 

Eodem die decerns John Stenhouse in Melrose to pay to 
Margaret Gibsone, wife of James Greive, portioner of 
Blainslie, 40 s. ' for the exchynge of ane sek perteining to 
the persewer ' ; defender absent. 



304 MELROSE REGALITY RECORDS 

Melrose, 6 July 1672 ; Mr. Robert Maine. 

Which day absolves William Denham, portioner of Rid- 
peth, from action by William Andersone, merchant in 
Melrose, as assignee of John Davidsone, indweller in Leith,^ 
for 19 1. 11 s. due by defender to Davidson for brandy 
bought from him ; defender denied, pursuer ' opponed the 
assignatione, quhich did not constitut the debte upon the 
defender.' 

Eodem die decerns Robert Mabone in Danzieltone to pay 
to James Mein in Coldonknowes byres 3 L contained in 
decreet, 25 February 1665, at pursuer's instance against 
him ; defender alleged payment made, referred to pursuer's 
oath, who deponed he never received payment. 

Eodem die decerns James Wauche in Melrose to pay to 
Mr. Alexander Bisset, minister at Melrose, 5 1. 16 s. borrowed 
from pursuer in April 1671 ; defender absent. 

Eodem die decerns Marion Hall in Blainslie and George 
Turner in Calfhill, tutor to her children, to pay to Andrew 
Mar, portioner of Galtounsyde, 8 1. ' for ane pare of held 
sheets ' borrowed by said Marion from deceased Katherine 
Hall, wife of said Andrew Mar, about eight years ago ; 
defenders absent ; 20 s. expenses of plea. 

Melrose, 13 July 1672 ; Mr. Robert Maine. 
Which day decerns Thomas Wilkiesone, clerk of Melrose, 
to deliver up to George Pringle in St. Boswalls several 
writs and evidents consigned by pursuer in his hands 
concerning ' the land of St. Boswalls,' conform to inven- 
tory, the said clerk being always satisfied and paid for his 
pains in writing papers concerning the said lands ; de- 
fender confessed having the same. 

Eodem die decerns Isobel Lythgow, goodwife of Sorreles- 
feild, to pay to Alison Watherstane in Birkinsyde 16 1. 6 s. 
' for thrie halfe yeirs fie ' wrought by her to the defender ; 
denied, referred to defender's oath, who deferred to pursuer, 
who deponed positive. 



RETOUR CAIRNCROCE TO CAIRNCROCE 305 

Eodem die decerns Andrew Fischer of Wester Housbyre 
to pay to James Murray in Housbyre 17 1. 10 s. 8 d. as 
balance of fees for a year's service by pursuer to defender ; 
defender confessed he feed the pursuer to serve him till 
Martinmas next, ' but refoused to have anie more of his 
service.' 

Melrose, 15 July 1672 ; Mr. Robert Main. 

Retour [in Latin] of the special service of Walter Cairn- 
croce of Allanshaw as heir to deceased Nicol Cairncroce, his 
immediate younger brother, in an annualrent of 60 1. cor- 
responding to the principal sum of 1500 merks and uplift- 
able from the room and steading of Ladopmoore, with 
houses and pertinents, occupied by William Tait and per- 
taining heritably to William Cairncroce of Hilslope ; which 
annualrent is held of the Laird of Hilslope for payment of 
1 d. yearly if asked, and has lain in his hands by reason 
of non-entry for 11 months, since Nicol's death in August 
1671. Names of assise, John Milne, portioner of Newtoun, 
Robert Mein, portioner of Eildoun, John Sclaiter there, 
Andrew Mein, mason, portioner of Newsteid, John Mein, 
miller there, James Edgar, portioner of Melrose, Andrew 
Chisholme, portioner of Darnick, Andrew Reneldsone, 
portioner there, Andrew Darling, elder, portioner of 
Apletrieleaves, William Cairncroce in Longlie, Andrew 
Mar, portioner of Galtounside, John Stirling, portioner of 
Blainslie, Thomas Bouston, ' Wind,' portioner of Galton- 
side, James Rolmanous, portioner of Blainslie, and George 
Turner in Calfhill. 



Melrose, 20 July 1672 ; Mr. Robert Main. 

Which day decerns Andrew Fisher of Wester Housbyre 
to pay to Alexander Trotter of Eister Housbyre 8 1. for 
four stacks of peats bought from pursuer, and decerns 
Trotter to pay to Fisher 13 1. 5 s. for 11 sheep bought by 
him from Fisher, deducting the above 8 1. ; both parties 
confessed. 

VOL. II. u 



306 MELROSE REGALITY RECORDS 

Eodem die decerns John Bell in Melrose, James Wauch, 
Thomas Lukupe, for themselves and in name of the 
remanent dwellers in the ' Abay of Melrois,' to pay to 
Charles, Earl of Haddington, 6 s. 8 d. each of them for each 
time ' that they lay ther lining woobs on the said persewer 
his gairden dyk and pulls doun the stons therof.' 

Eodem die decerns Robert Pringle of Blindlie to pay to 
the Earl of Haddington 24 1. 15 s. for the four last terms' 
taxation voted to the King in August 1665 ; defender 
absent. 

Eodem die decerns Jean Bell in Appletrieleives to pay to 
George Turner in Calfhill 3 1. 17 s. for 13 threaves of bear 
straw bought from pursuer ; defender confessed. 

Melrose, 22 July 1672 ; Mr. Robert Maine. 

Which day Retour [in Latiii] of the service of John 
Wright, son of deceased William Wright, portioner of 
Galtonsyd, as heir to deceased Thomas Wright in Blainslie, 
his father's brother. Names of assise, William Wright, 
smith in Galtonsyd, John Haliewall alias Croce, weaver 
there, Thomas Halywall, weaver there, Robert Mein, 
mason there, Thomas Boustone alias Wynd, Robert Freir, 
John Mabone, and George Hoy there, John Mein, miller 
in Newsteid, Andrew Mein, mason there, John Milne, 
portioner of Newtoune, Andrew Chisholme, portioner of 
Darnick, Andrew Reneldsone, portioner there, George 
Wallace, notary public in Melrose, and James Ker, younger, 
there. 

Meh-ose, 27 July 1672 ; Mr. Robert Maine. 

Which day decerns John Trotter in Housbyr and Isobel 
Lythgow his spouse to flit and remove from ' ane byre in 
Housbyr ' which they wrongously intruded themselves in, 
pertaining to Alexander Trotter there, and to repossess him 
therein ; defenders absent, pursuer's sasine of lands of 
Housbyr produced. 

Eodem die decerns James Bowar in Longhauch to pay 



CURING A BROKEN LEG 307 

to Robert Mein in Eildon 7 1. 14 s. of fee and bounty 
'promised be the defender to haive served the persewer 
from Witsonday last to Mertimes nixt, and the said de- 
fender refoused to serve the persewer ' ; defender absent. 

Eodem die decerns William Notman in Threipwood to 
pay to James Smythe there 5 1. 11 s. 2 d. for 4 lambs at 
12 s. apiece, sold by the defender pertaining to the pur- 
suer, and of borrowed money ; defender confessed. 

Eodem die action by W^alter Scott of Raeburne against 
Thomas Unse, portioner of Lessudden, narrating that the 
pursuer by his sasine produced, dated 15 October 1670, is 
infeft in an annualrent of 40 1. corresponding to the princi- 
pal sum of 1000 merks and upliftable from the defender's 
1 J husband lands in Lessudden, which annualrent is resting 
unpaid for Candlemas last and Lammas next, 1672. Pur- 
suer compearing by William Lythgow his procurator, and 
defender absent, decerns the defender's readiest goods to 
be poinded for the said terms and succeeding terms so long 
as he fails to make payment. 

Melrose, 3 August 1672 ; Mr. Robert Maine. 

Which day decerns Andrew Fisher of Wester Housbyre 
to pay to Alexander Trotter of Eister Housbyre 40 s. " for 
takeing of tua horse perteaneing to the persewer at his 
aun hand without his licence and working them in the 
harrows and cairt tua dayes,' and fines him 5 1. for taking 
them without license ; pursuer adduced Thomas Atchie- 
sone and James Boui as witnesses, who proved the same. 

Eodem die absolves George Sheill, weaver in Melrose, 
from action by Bessie Douglas and Andrew Phaupe her 
husband against him for 20 1. ' for the alledged cureing of 
his sone Jon Sheills broken lege 5 or 6 years since or therby ' ; 
defender alleged he had already paid her for the same ' by 
workeing of ane wob to her,' and referred to her oath, who 
deferred to defender's oath, who deponed ' that he had 
satisfied her for her forsaid paines by workeing of the 
forsaid wob.' 



308 MELROSE REGALITY RECORDS 

Eodem die decerns Andrew Darling, portioner of Apletrie- 
leaves, to pay to William Wilsone in Galashiels 30 1. 6 s. 
for three bolls of bear remaining of the number of 18 bolls 
of bear and 7 small fulls bought by pursuer from defender 
at Martinmas 1669, to be delivered at Candlemas thereafter 
conform to his ticket, 12 November 1669 ; defender absent, 
ticket produced ; 3 1. expenses. 

Eodem die decerns John Frater in Apletrieleaves to pay 
to James Scot, servitor to Andrew Darleing, portioner there, 
30 s. for 3 half fulls of bear sowing, which the pursuer 
should have sown in crop and year 1672 ; referred to 
defender, who deferred to pursuer's oath, who deponed 
' positive that the defender promised him groimd to lay 
his muck one and that the defender saw the last year thrie 
fulls of beare and gott a boll of increase againe.' 

Eodem die George Mertone, portioner of Melrose, pro- 
duced William Wilsone in Galashiels to Andrew Darling, 
portioner of Apletrieleaves, and he being absent the bailie 
liberates George Mertone of his cautionry. 

Eodem die absolves James Smyth, herd in Threipwood, 
from action by William Notman there for 5 I. as the price 
and worth of two ewe hogs lost by defender to pursuer, one 
in 1669 and the other in 1671 ; also 30 s. for a cow's grass 
' kept be the persewer to the defender,' 1671 ; also 1 1. 10 s. 
' for certane peat yeard bought and receaved be said de- 
fender from the said persewer ' ; also 20 s. ' for ane rig 
of oats soweing as it was conditioned ' ; 40 s. for 3 lambs' 
grass provided by pursuer ; 6 s. for a day's ' smeireing ' ; 
defender denied all but 30 s., referred to his oath, who 
deponed negative to all but 30 s. 

Eodem die absolves James Vair in Newtoun from action 
by Janet Ker there, narrating that John Milne, officer, 
arreisted at her instance in defender's hands 4 1. due by 
defender to Thomas Vaire in Elistoune who was debtor to 
pursuer for an ox hire ' keiped be the persewer to the said 
Thomas Vair ' in Newton, crop and year 1671 ; defender 
denied ' that he promised to give him the oxe bake in als 



A RIGHT OF WAY 309 

good conditione as hee receaved him ; ' pursuer alleged the 
defender promised her ' a grasse soum ' ; referred to de- 
fender's oath, who deponed ' he promised her a soumes 
grasse, and that he keiped tua soumes grasse voyd in Elis- 
toune for it.' 

Eodem die decerns Robert Mertone in Westhouses to 
deliver to John Merser alias Lochbreast, portioner of 
Bridgend, 'ane lynning wob perteaneing to him quhich 
the water took away,' worth 20 1. ; defender absent, 
Andrew Mar, officer, produced the web, and Adam Lyth- 
gow, John Bell, George Sheill and Thomas Law, weavers in 
Melrose, declared ' they having compaired the wob pro- 
duced with ane uther peace of it finds them agrie both in 
reid and grkithes and that it did perteane to the persewer ' ; 
and fines the defender 5 1. because he finding it did not 
proclaim the same at kirk and market. 

Eodem die action by Walter Scott of Gladswood against 
William Bell, portioner of Ridpethe, narrating that the 
pursuer and his authors ' is and hes bein in possessione aipid 
in use and wont to passe and repasse in the highewayes 
goeing throughe the ground and landsof Ridpethto Huntlie- 
wood mosse and Fanes, by carieing of peits from the saids 
moss thes many years bypast past memorie of man with- 
out any interruption,' but lately the defender ' came to 
the said persewer his horse and men comeing home with 
peits in the said hieway ' and without provocation cast the 
loads off the horses. Both parties compearing, defender 
denied that the said way was a highway, and it was never 
before used by the pursuer or any other person without 
interruption ; and pursuer adduced several witnesses, 
who upon the ground of the said controverted highw;ay 
declared ' positive that the samyne way was ane hie way 
used and wont upe above the wall ' and had been used by 
persons carrying peats for many years without interruption ; 
and an assise of 15 honest men, by the mouth of James 
Pringle in Colmslie, their chancellor, found that the same 
is and has been a highway without interruption. The 
bailie therefore decerns the defender to suffer the pursuer 



aiO MELROSE REGALITY RECORDS 

to use the same and not to molest and trouble him here- 
after ; 8 1. expenses of plea. 

Melrose, 17 August 1672 ; Andrew Mar, yro tern. 

Which day decerns and declares the liferent escheat of 
John Trotter of Eister Housbyre of the lands of Easter 
Housbyre with houses, moss, teinds and all pertinents, and 
kains, customs, rents and duties thereof, to have fallen into 
the hands of Charles, Earl of Haddington, as superior 
and to pertain and belong to Alexander Trotter, second 
son of Robert Trotter, portioner of Newsteid, as donator 
appointed by said Earl, by reason of his denunciation to 
the horn, 9 April 1667, upon letters of horning at instance 
of John Bell, weaver in Melrose, against him for nonpay- 
ment of 90 1. Scots of principal and 10 1. expenses, and the 
interest, contained in Bond, 6 February 1666, by the 
defender to said John Bell, registered in books of Council 
and Session, 27 March 1667, and conform to the Earl's 
gift of escheat and liferent to the pursuer, 17 May 1672. 
Defender absent, gift of escheat produced. 

Eodem die decerns John Trotter in Eister Housbyre and 
Isobel Lythgow his spouse to flit and remove from ' ane 
byre in Eister housbyr ' pertaining to Alexander Trotter 
of Eister Housbyre, wherein they wrongfully intruded 
themselves, and were charged by Andrew Kennedie, officer, 
upon decreet, 27 July last, at pursuer's instance. De- 
fenders absent. 

Eodem die decerns Mark Blaikie in Melrose to pay to 
Katherine Ormstone, widow of Thomas Eillies in Danzel- 
toune, 15 s. due by defender to her said husband ; de- 
fender absent. 

Melrose, 24 August 1672 ; Mr. Robert Maine. 

Which day decerns Robert Cochran in Lessudden and 
John Patone there to pay to Mr. John Summerwall, niinister 
at St. Boswalls, 20 1. 11 s. due by the defenders to John 



BLOOD AND BLOOD WITE 311 

Gray in Ancrom and arreisted at pursuer's instance, who 
compeared by William Lythgow his procurator ; de- 
fenders absent ; 40 s. expenses. 

Eodem die decerns Lancelot Broun, sometime in Lessud- 
den, ' and then in Kelsoe,' to pay to same 19 1. 11 s. arreisted 
in his hands as due to Mr. James Adamsone, portioner of 
Lessudden, who is addebted to the pursuer for the parson- 
age teinds of his lands in Lessudden possessed by said 
Lancelot Broun, crop and year 1671 and preceeding ; 
pursuer compeared as above, defender absent ; 40 s. 
expenses. 

Eodem die decerns Thomas Uns, portioner of Lessudden, 
to pay to James Bryden there 3 half fulls of oats sowing 
and 1 half full of bear sowing, sown in crop and year 1672 ; 
6 s. for a pair of shoes ; 8 s. for ' ane grass soum ' ; ' and 
that as for ane quarter of ane years service wrought be the 
persewer to the defender from Mertimes 1671 years to 
Candlemes nixt therefter 1672.' Defender confessed. 

Eodem die decerns Thomas Merser in Fairnilie, and 
sometime in Drygrainge, to pay to James Edgar, pro- 
curator fiscal, 100 1. ' for ane amerciament and fyne [sic] 
committed be the said defender upone John Leitheid in 
Melrois ' ; pursuer adduced Andrew Merser, maltman in 
Darnick, and William Rennick, herd there, and their 
testimony was considered by 15 honest persons of inquest, 
who by the mouth of George Wallace their spokesman 
found the defender guilty of the blood and bloodwite. 

Eodem die complaint by James Mertone, tailor in Melrose, 
against John Rathie there and Isobel Blaikie his spouse, 
narrating that the pursuer stands infeft in a half tenement 
of land in Melrose with yard adjacent, ' mercheande with 
the saids defenders,' conform to his sasine, 25 January 
1672, produced ; yet the defenders do molest and trouble 
him in possession ' and will not cleare and red merches 
betuixt him,' and so he craves a visitation. Pursuer 
compearing, with James Edgar his procurator, and John 
Rathie being absent, the bailie ordains Adam Lythgow, 



312 MELROSE REGALITY RECORDS 

William Wallace, Andrew Penman, Thomas Law and Mark 
Blaikie, indwellers in Melrose, to visit the tenement and 
report in writing ; who find ' that John Rathie hes gone 
over neir the tua westmest marche stones, and the rest 
is in ordor, and as for the gait we find that James Mertonp 
and his predicessors hes had the use of the foolze gathering 
therof since his predicessors possessione to the marche 
stones, and for the litle house we find that James Mert^ne 
hes the hedge in compensatione therof, and for the ga,fre\l 
we cannot decerne therin quhilk of them it belongs to but 
for ane marche betuixt the tua houses, and we fin(^'ane 
watergait or ane old chanell comes from Andrew Cooks 
house and hes had the entrie throw under James Mertoun 
his hous formerlie in all tyme bygone.' The bailie inter- 
pones his authority, and declares the said gable to be 
mutual in all time coming, and both parties to use it with- 
out prejudice to one another, ' and ordeanes the channell 
to rune quher it ran befoir without deverting of it any 
uther waye or stopping of it, and that they gather ther 
foolze within ther respective merch stones, and ordeanes 
bothe the saids parties to putt ane halfe foot ground to 
the merche stones, and the way to be to both parties betuixt 
the marche stones, and for John Rathies litle hous finds 
that James Mertoun hes the hedge one the southe syde of 
the yeard in compensatione of the samen litill house, and 
therfoir no more divisione but bothe parties to bruik heir- 
efter as they now possesse, and ordeanes this to be ane 
act of nighbourheid betuixt the saids parties in all tyme 
comeing.' 

Melrose, 28 September 1672 ; Mr. Robert Main. 

Which day decerns Thomas Uns in Lessudden to pay 
to Mr. John Summerwell, minister at St. Boswells, 12 I. 
for the defender's teind bear for his lands in Lessudden, 
crop and year 1671 ; pursuer compearing by William Lyth- 
gow his procurator, defender absent ; 24 s. expenses. 

Eodem die decerns Robert Cochrane in Lessudden, as 
cautioner for Lancelot Broun in Kelso, to pay to Thomas 



CLAIM FOR CUSTOMS 313 

Huntar, merchant in Melrose, 8 1. 6 s. of principal and 20 s. 
expenses contained in decreet against Lancelot Broun ; 
defender absent ; 20 s. expenses. 

Eodem die action by James Ormstone in Galtonside 
against John Thin, portioner of Blainslie, who on 1st August 
last ' without any offence given be the said persewer to him 
putt the said persewer from his service, being his hyred 
servand from Witsonday last to have served him to Mer- 
times nixt,' to his great prejudice, it being ' in the midest 
of a tearme ' ; and so he ought to pay 16 1. 7 s. 4d. of 
fee and bounty promised him. Pursuer compearing, with 
George Wallace his procurator, and defender compearing, 
with James Edgar his procurator, the pursuer referred to 
defender's oath, who deponed he never put the pursuer 
away ' nor refoused his service ' ; absolves. 

Eodem die decerns John Thin, portioner of Blainslie, to 
pay to James Ormstone in Galtounsyde 11 1. and six 
quarters of gray at 30 s. and an ell of white at 10 s., for 
half a year's service, Martinmas 1671 to Whitsunday 1672 ; 
defender confessed ; 30 s. expenses. 

Melrose (head court), 5 October 1672 ; Mr. Robert Maine. 

Which day decerns John Frater in Longhauch to pay to 
Charles, Earl of Haddington, 40 merks ' for the said de- 
fender his compositione dew to the said persewer for the 
defenders land in Longhauche ' ; pursuer compeared by 
James Edgar, his procurator ; defender absent. 

Eodem die absolves Thomas Huntar, merchant in Mel- 
rose, from action by Harry Scott in Meikledaill against the 
defender who about a year ago ' did transgresse the act of 
Parliament by passeing over the Border betuixt Ingland 
and Scotland with severall goods unentered to the persewer 
and without ane passe,' the custom of which extended to 
24 L Scots ; defender denied, referred to his oath, who 
deponed he promised the pursuer no payment ' but left 
the persewer the geese, and promised the persewer nothing 
.for the custome nor awes him anything therfoir.' 



314 MELROSE REGALITY RECORDS 

Eodem die decerns Mark Kyle and James Pursall, in- 
dwellers in Lessudden, to repossess Mr. James Adamsone, 
minister at Pitnen, in ' ane quarter of land in Lessudden ' 
with pertinents and in a piece of meadow pertaining to the 
same, wherein the pursuer stands infeft by his sasine, 
11 January 1669 ; and fines the defenders 10 1. each for 
wrongful intrusion. Defenders confessed they possessed 
it ' as takeing it from ane womane in Longnewtoune.' 



Melrose, 12 October 1672 ; Mr. Robert Main. 

Which day decerns Adam Hislope in Longshaw mill to 
pay to John Suord in Wall 3 1. ' for tua dunmond sheipe 
lost be the defender to the persewer pastured upone the 
defenders ground in Longshaw,' 1672 ; defender confessed 
' he receaved from him tua outcomed hoges from the 
herd ' ; reserves to defender his relief against the present 
herd, James Wood. 

Eodem die decerns William Ker in Newtoun to pay to 
Charles, Earl of Haddington, 5 1. 12 s. 6 d. ' for the teynd 
deutie of ane land in Neutoun and ane quarter possest be 
the defender cropt and year of God 1669 years ' ; defender 
absent. 



Melrose, 19 October 1672 ; Mr. Robert Maine. 

Which day absolves Thomas Boustone ' Wind ' inGaltoun- 
syde, John Halliwall ' Croce ' there, and John Mabone 
there, from action by James Blaikie, Gavin Paterson 

and Robert Broun in , who obtained decreet, 

20 May 1667, against Robert Pringle of Blindlie for 30 1. 
18 s. 4 d. of principal and 3 1. expenses, of plea and by 
precept thereupon directed to Andrew Phaupe, messenger, 
caused arreist in the defenders' hands all that they were 
owing to Blindlie. The bailie found the exception by 
defenders relevant, that the goods arreisted were not in 
the defenders' custody and keeping, so absolves, reserving 
action to the pursuers against Blindlie as principal debtor. 



A PROTOCOL BOOK 315 

Eodem die absolves William Wright, smith in Galtoun- 
side, from action by Alexander Lythgow of Drygrange 
against him for daily pulling and removing the pursuer's 
heather on his lands of Drygrange ; defender denied that 
he got any heather ' but quhat he bought from Thomas 
Boustone ' ; referred to his oath, who deponed ' he puUed 
non without the persewers consent.' 

Melrose, 26 October 1672 ; Andrew Mar, pro tern. 

' The quhUk day, ane advocatione John Lythgow in 
Newhouses and uthers contra John Wright produced and 
admitted, the double quherof is in the proces.' 

Melrose, 2 November 1672 ; Mr. Robert Maine. 

Which day action by Walter Scott now of Goldielands, 
eldest lawful son and heir of deceased Sir Walter Scott of 
Goldielands, against Andrew Tuno, notary public, por- 
tioner of Melrose, as having in his custody the protocol 
book aftermentioned, and all others having or pretending 
interest, narrating that the pursuer and his father and 
their predecessors and authors were infeft as follows, viz. 
the said deceased Sir Walter Scott was infeft on 28 August 
1620 in the lands of Goldielands and Westcotrige with 
houses, outsetts, orchards, dovecots, and all pertinents, 
conform to instrument of sasine under the hand of deceased 
Gilbert Watt, notary ; the pursuer was infeft same day 
(by his father's charter) in said lands of Goldielands in the 
barony of Branxholme in shire of Roxburgh, conform to 
instrument by same notary ; and he craves transumpts of 
the said two instruments of sasine out of the protocol book 
of the said Gilbert Watt, in the defender's custody. Pur- 
suer compearing by James Edgar his procurator, and 
defender compearing personally, and no others, and it 
being referred to defender's oath, he confessed having the 
protocol book and produced the same, and the bailie 
decerns transumpts to be delivered to the pursuer on his 
own charges of the said two instruments of sasine. These 



316 MELROSE REGALITY RECORDS 

are here recorded in eadenso, in Latin, the first being given 
to Sir Walter Scott of Goldielands by Andrew Riddell of 
that Ilk as bailie, on a Charter by Walter, Earl of Buccleugh, 
Lord Scott of Whitchester and Eskdale, to the said Sir 
Walter Scott of Goldielands and the heirs male lawfully 
procreated or to be procreated of his body, whom failing, 
to revert to the said Earl and his heirs male and successors 
in the earldom of Buccleugh, of all and whole the lands of 
Goldielands and Westcottrige, with pertinents ; which 
charter is written by Mr. John Adamson, servitor to Mr. 
Francis Hay, W.S., and dated at Edinburgh, 17 May 1620, 
and attested by Andrew Riddell of that Ilk, Laurence 
Scott of Harperrig, advocate, Walter Scott, younger of 
Goldielands, Walter Scott, the Earl's servitor, Andrew 
Hay, clerk, John Burnett his servant, and Richard Broun, 
servitor to said Laurence Scott ; and the sasine, given on 
the ground of these respective lands between 3 and 4 p.m., 
is attested by Robert Scott, elder, called of Heidshaw, 
Andrew Hay, W.S., Robert Scott, brother natural of said 
Sir Walter Scott, Thomas Lauder in Braidhaughe, and 
Thomas Atchiesone there. The second sasine is given by 
said Sir Walter Scott of Goldielands to Walter Scott, his 
eldest lawful son and apparent heir, on a Charter by him- 
self to his said son and the heirs male lawfully to be pro- 
created between him and Jean Riddell, his promised spouse, 
whom failing, the heirs male lawfully to be procreated of 
his body, whom failing, the heirs male and successors of 
Walter, Earl of Buccleugh, of all and whole the lands of 
Goldielands, with pertinents, in the barony of Branxholme, 
reserving from this infeftment an annualrent of 500 merks 
'upliftable from the said lands by the said Walter Scott and 
his promised spouse and their foresaids in special warran- 
dice of the lands of Pirntatoune, principally disponed in 
terms of their contract of marriage, and reserving to said 
Sir Walter Scott his liferent of the said lands of Goldielands, 
with, the burden of the said annualrent in the event of 
eviction of the said lands of Pirntaiton, and also reserving 
power to said Sir Walter Scott if necessary to sell and 
wadset the said lands and others specified in the contract 



BILLIES V. PENMAN 317 

(except the lands disponed to Jean Riddell in conjoint 
infeftment) to whatever person he chooses, but under 
reversion to said Walter Scott his son and his foresaids for 
3000 merks, conform to the contract of marriage. Done 
upon the lands of Goldielands, 4 p.m., iii presence of same 
witnesses as to previous sasine. 

Melrose, 9 November 1672 ; Mr. Robert Maine. 

Which day absolves John Penman, portioner of Melrose, 
from action by George Eillies, portioner of Danzeltoune, 
' for certane stoanes alledged hollen and taken away be 
the said John Penman defender out of the burne of Danzel- 
toune perteaneing to the persewer ' who obtained arreist- 
ment ' and caused fense and arreast the saids stounes lying 
one the hie way of Melrois and stoped the workmen that 
was building the said defenders hous with the saids stounes,' 
until the defender should find caution for making the 
same forthcoming to the pursuer, who accordingly found 
Andrew Penman, his brother, cautioner, and gave bond 
to that effect. Penman pursued Eillies to insist in his 
action, so that the bond might be redelivered, and both 
parties desired men to visit the ground and report, where- 
upon the bailie ordained George Wallace, notary in Mel- 
rose, and William Wallace, weaver there, to go, who 
reported that Eillies ' had susteaned nor incurred noe 
prejudice be the said Johne Penman his hoiking of the 
saids stounes ' ; so absolves, and ordains Penman to have 
up the said bond. 

Melrose, 16 November 1672 ; Mr. Robert Maine. 

Which day decerns James Stobo in Mosshouses to pay to 
George Pringle of Blindlie 8 1. for half a year's fee, because 
defender ran away from pursuer's service and pursuer 
deponed he never gave the defender over nor liberty to go 
away. 

Eodem die absolves Thomas Huntar in Melrose from 
action by James Broun in Ancrom for 20 1. ' for severall 



318 MELROSE REGALITY RECORDS 

alledgit bloods and ryots and breaking of arreistments 
within the parochine of AbotrouU.' Pursuer compeared 
personally, and defender by George Wallace his procura- 
tor, and pursuer referred to defender's oath, but the pro- 
curator answered ' that noe actione micht be at the per- 
sewers instance becaus he did not produce a decreitt at 
the fiscalls instance against the defender and his assigna- 
tione to it.' 



Melrose, 23 November 1672 ; Mr. Robert Maine. 

Which day action by James Meine in Coldonknows- 
byres against Johji Meine, maltman, portioner of Newsteid, 
Andrew Meine, mason there, James Merser there, and James 
Wauche, portioner of Melrose, narrating decreet of appris- 
ing 14 September 1665 obtained before George Kennedie, 
messenger, in the New Session House of Edinburgh, at 
instance of James Peter, W.S., against John Mein, son and 
charged to enter heir special to deceased Bernard Mein 
portioner of Newsteid, whereby there was apprised from 
him 16 acres of land of the town and lands of Newsteid, 
with teind sheaves included, with houses, yards, crofts, 
and pertinents, and these two acres of land there called 
the Houlands, ' with the coatyeards and Monksmeidow,' 
teind sheaves included, and whole pertinents ; also 5 acres 
of land in the Annay of Melrose, with teind sheaves and 
pertinents ; in satisfaction to said James Peter of the sum 
of 507 1. 19 s. 4 d. of principal, 100 1. of expenses, and 
interest, contained in Bond, 18 May 1665, by said John 
Mein to said James Peter, registered in Burgh Court Books 
of Edinburgh, 3 July 1665, and also 124 1. 6 s. 8 d. of princi- 
pal, 30 1. expenses, and interest, in Bond, 18 May 1665, by 
said John Mein to deceased Alexander Peter, writer in 
Edinburgh, registered in Books of Council and Session, 3 July 
1665, and assigned by said Alexander to said James Peter, 
23 May 1665, extending to 771 1. 10 s., and 38 1. 11 s. 6 d. 
of sheriff fee. Thereupon James Peter raised homing 
against John, Earl of Haddington, superior, and charged 
him on 14 December 1666 to grant him infeftment in the 



MEINE V. MEINE AND OTHERS 319 

said lands ; and said John Mein, with consent of John 
Rodger, writer in Edinburgh, in whose favour he had diS' 
poned the right of the said lands, granted a Ratification 
10 July 1671, of the said apprising to the extent of 900 
merks and due interest, in favour of said James Peter, and 
assigned the rents and duties to him. By assignation and 
disposition, 6 November 1672, James Peter sold and dis- 
poned to James Meine, pursuer, the whole foresaid subjects, 
and decreet of apprising and other titles relative thereto ; 
who therefore acclaims from said John Meine 8 bolls of bear 
for the ferme of 8 acres of land, crop and year 1672, from 
Andrew Meine 2| bolls of bear for the half of the lands of 
Coatyeards and Houlands, from James Merser Q\ bolls of 
bear for the ferme of 10 acres of the foresaid lands, and 
from James Wauche 1 boll of bear for the ferme of 2 acres 
of the foresaid lands in the Annay of Melrose, said crop and 
year, as the maills and duties owing by them according to 
what they occupy. Pursuer produced grounds of process 
as above, defenders absent, decerned to pay as claimed ; 
3 t. expenses of plea. 

Eodem die decerns John Leitheid in Melrose to pay to 
Mr. William Mein in Edinburgh 4 1. as balance of price of 
malt bought from pursuer ; pursuer compeared by John 
Bunzie his procurator, defender absent. 

Eodem die Agnes Meine, wife of John Maxweill in Mel- 
rose, compeared and judicially ratified and swore to her 
subscription of a Disposition, 18 November inst. granted 
by Maxwell with her consent to Alexander Maxwell, his 
brother, of two tenements in Litill Fordell with houses, 
yards, and pertinents, and declared that she was not 
coerced and would never impugn the same ; witnesses, 
William Mabone in Melrose, John Bunzie, portioner of 
Newsteid, and William Lythgow, servitor to Thomas 
Wilkiesone, clerk of Melrose. 

Eodem die decerns John Unse, wright in Lessudden, and 
Mr. James Adamsone, portioner there, to pay to Mr. John 
Sumerwall, minister at St. Boswalls, the former 30 1. [sic] ; 



320 MELROSE REGALITY RECORDS 

10 s. for a firlot of meal ; i 1. resting for crop 1665 ; 3 1. 
15 s. for half a boll of bear, crop 1668 ; 4 1. 16 s. for half a 
boll of bear, crop 1669 ; 4 1. 10 s. for bear, crop 1670 ; 4 1. 
5 s. for bear, crop 1671 ; extending to 21 1. 16 s. ; and the 
latter, 21. 2 s. 6 d. for a firlot of bear, crop 1671. Pursuer 
compeared by William Lythgow his procurator, defenders 
absent. 

Eodem die decerns Thomas Lukupe in Melrose and Helen 
Wauche his spouse to pay to Andrew Mar, portioner of 
Galtonside, 4 1. for malt bought from pursuer about a year 
ago ; defender absent. 

Eodem die decerns Michael Gibsone in Melrose to pay to 
John Coat, portioner of Lessudden, 5 1. for a black stirk 
bought from pursuer at Pasch ; defender absent ; 10 s. 
expenses. 



Melrose, 30 November 1672 ; Mr. Robert Maine. 

Which day decerns John Thin, portioner of Blainslie, 
to pay to Marion Stirling in Cockleferrie 6 1. of fee for 
service wrought by her from Whitsunday 1670 to Martin- 
mas 1670 ; referred to pursuer, who deponed that 6 1. was 
promised. 

Eodem die decerns John Andersone, son of William 
Andersone, portioner of Ridpeth, to pay to Archibald 
Frier in Galtounside 4 1. 10 s. ' for ane timber cairt makeing 
upe,' and 10 s. * for ane barrow and ane baikbreade ' ; 
defender absent. 



Melrose, 7 December 1672 ; Mr. Robert Maine. 

Which day action by Andrew Drumond in Darnick 
against John Thomsone there, narrating that the pursuer 
was hired at Candlemas 1671 to serve the defender till 
Martinmas thereafter, and served him a month or so, and 
then falling sick had to leave his service for a month, but 
the defender refused to take him back. The defender 



' ANE KYNE AND ANE QUEY ' . 321 

ought therefore to pay him 17 1. of fee, half an ell of linen 
at 8 s. and 6 quarters of gray at 1 1. 10 s., and 2 pairs of 
shoes at 1 1. 4 s., in all 20 1. 4 s. Also the defender took 
from Andrew Chisholm in Darnick the pursuer's houses and 
yards and land, for which he should have given the pursuer 
10 merks and was to uphold the houses wind and water 
tight and pay all public burdens. Pursuer compearing, 
with James Edgar his procurator, and defender compear- 
ing, with George Wallace his procurator, defender denied, 
and pursuer adduced Andrew Chisholme and Andrew 
Merser in Darnick as witnesses, who deponed positively, 
so the bailie decerns the defender to pay 5 1. 12 s. for the 
fee and bounty, and the 10 merks acclaimed for rent and 
duty, extending to 12 1. 5 s. 4 d., superseding execution for 
the ten merks till Whitsunday next. 

Melrose, 14 December 1672 ; Mr. Robert Maine. 

Which day absolves William Boustone, weaver, portioner 
of Galtonside, from action by John Halliwall, maltman, 
portioner there, for 9 1. borrowed from pursuer at Lammas 
1668, and 14 1. 12 s. borrowed at Lammas 1669, and 
2 1. 18 s. more borrowed in 1669 ; defender denied, 
referred to his oath, who deponed he borrowed nothing 
but 4 merks ; absolves from all but 4 merks. 

Eodem die action by Katherine Ormstone, widow in 
Danzeltoune, and James Edgar, fiscal, for his interest, 
against George Eillies, portioner of Danzeltoun, who 
about a month ago took away ' ane kyne and ane quey ' 
belonging to her, worth 20 1., for which he should be fined. 
Defender confessed having * the kyne,' and refused to 
redeliver the same till he was satisfied of 20 1. as the price 
thereof alleged due by said Katherine to him. Decerns 
him to restore the kine to her and to pay 10 1. of fine to 
the fiscal ; reserving action to him against the pursuer 
for the price of the kine. 

Eodem die decerns John Young in Threipwood to pay 
to William Notman there 4 1. 10 s. 8 d. ' for ane soumes 

VOL. II. X 



322 MELROSE REGALITY RECORDS 

grasse pastured be the persewer to the defender anno 
1672 ' ; defender confessed. ' 

Eodem die absolves William Wilsone in Longhauche 
from action by Robert Pringle of Blindlie, narrating that 
the said William Wilsone ' being constable to the justice 

of peace in anno did come to the said persewer and 

entreated him to concure with the said defender in the 
biging of ane stone bridge over the water of Elwand, and 
promised that quhatsoever expenses and charges the 
said persewer was at in goeing about and conditioning the 
materialls and workmen for biging of the said bridge 
the said defender sould make payment to him of the 
samjme, and that the said persewer sould be noe losser 
therby if soe be that the justice of peace would not pay 
him of the samyne ; and according to the said defender 
his desyre the said persewer went and conditioned soe 
meikle timber as to be fynetries to the said bridge, 
quhiche the said persewer caused bring home and payed 
for the samyne upon his aune charges, and caused fetche 
home lyme, sand and pendstones from HousbsTecraige, 
hyred workmen to build the samyne bridge, and neglected 
his aune effaires betuixt Witsonday and Mihilmes, and 
siclyke the said persewer bought four boalls of malt and 
caused brue the samyne for the use of the saids workmen, 
quhiche the haill charges and expenses extends to the 
soum of tua hundreth merks Scotts,' which the defender 
ought to pay, seeing the justices of peace have as yet 
paid nothing. Pursuer compearing, with William Lyth- 
gow his procurator, and defender compearing, with 
James Edgar, his procurator, the pursuer adduced as 
witnesses Andrew Darling, portioner of Apletrieleaves, 
Adam Darling in Westhouses, Patrick Lukupe in Melrose, 
and William Morton in Westhouses, whose depositions 
fail to prove the libel, so absolves the defender. 

Eodem die decerns Andrew Mertoune in Melrose and 
Patrick Lukupe there to pay to Sir Thomas Ker of Farnilie 
28 1. as balance of 66 1. for the pursuer's fruit yard bought 
by them in 1672 ; pursuer compeared by William Lythgow 



SALE OF FRUIT- YARD 323 

his procurator, and Andrew Mertoune compearing con- 
fessed he and said Patrick made the bargain at 66 1. 
" butt knowes not what is payed or quhat is awand,' 
and Lukupe being absent is held as confessed. 



Melrose, 21 December 1672 ; Mr. Robert Maine. 

Which day decerns William Andersone, merchant in 
Melrose, and William 'Andersone, sometime weaver in 
Danzeltoune, to pay to John Mein, maltman, portioner 
of Newsteid, 12 t. due by him to the weaver and arreisted 
in defender's hands for payment of 8 L 6 s. 8 d. of principal 
and 20 s. expenses in decreet, 13 May 1671, by pursuer 
against the weaver ; defender confessed owing as much ; 
20 s. expenses. 

Eodem die decerns Thomas Law in Melrose to pay to 
John Sclaiter, portioner of Eildoune, 41. 8 s. as balance 
of price of sheep bought from pursuer about Michaelmas 
1671 ; defender absent. 

Eodem die decerns John Quarrie in Eildpn to pay to 
Andrew Merser, maltman in Darnick, 56 s. as balance of 
a greater sum, and 41. 4 s. as the agreed price of a boll 
of infield oats ; defender absent, pursuer deponed ; 16 s. 
expenses. 

Eodem die decerns Patrick Lukupe in Melrose to relieve 
Andrew Mertoune there at the hands of Sir Thomas Ker 
of FarnUie, and pay to Sir Thomas the whole sum of 
66 1. for his fruit yard, 1672, for which the said defender 
and pursuer did agree and bought it equally between 
them, and the pursuer was to quit all his interest in the 
same and gave to the defender 40 s. [sic] to relieve the 
pursuer, and the defender received the said 40 s. and was 
content therewith ; pursuer compearing, defender absent, 
the bailie referred to pursuer's probation, who adduced 
James Milne in Melrose and James Mertoune, tailor there, 
who proved the same sufficiently. 



324 MELROSE REGALITY RECORDS 

Melrose, 28 December 1672 ; Mr. Robert Maine. 

Which day complaint by James Edgar, portioner of 
Melrose, against Andrew Phaupe there and Bessie Duglas 
his spouse, who have ' snead severall tries groweing in 
the yeard at Bouarsbrae betuixt them and the said 
persewer his yeard there, and siclyke hes cutt upe and 
away taken severall thornes in the same place, to the 
said persewer his great prejudice and scaithe ' ; and they 
refuse ' to cleare and red merches ' with him. Both 
parties compearing and consenting, the bailie ordains 
James Eillies, Thomas Wilkiesone, Adam Lythgow, and 
John Rathie, portioners of Melrose, to pass to the contro- 
verted ground, and set march stones, and report in writing 
next court ; who on 21 December last reported that 
they had set three march stones ' one the west end of the 
said James Edgar his lands, and tua merche stonnes with 
the thorne bushes yett there groweing upone the south 
syde therof, and finds the samyne to be the marches 
betuixt the yeards and lands contraverted ; ' Melrose, 
16 December 1672. Bessie Douglas alleged that ' the 
tutors of her sones bairnes ' ought to have been ' acquainted ' 
before sentence ; 28 December assigned to bring them, 
on which day defenders not compearing, the bailie inter- 
pones his decreet and authority to the foresaid report. 

Eodem die decerns Thomas Huntar, merchant in Melrose, 
to pay to Alexander Dalgleishe in Quarrellhill 12 1. 16 s. 
for sheep bought from the pursuer about 20 days before 
Martinmas ; defender absent. 

Eodem die decerns William Huntar, indweller in Rid- 
pethe, to pay to John Lythgow, portioner there, 14 I. 2 s. 
for the teind duty of a husband land in Ridpethe of the 
pursuer's, possessed by the defender, crops and years 
1666 and 1667 ; defender absent. 

Eodem die decerns Grizel Scott, widow of John Fishar 
of Wester housbyre, to pay to William Mudie, portioner 
of Darnick, 7 1. 10 s. as balance of fee and bounty for a 



LANGSHAW PARK DYKE 325 

year's service by the pursuer to the defender's son, 
Martinmas 1669 to Whitsunday 1670 [sic] ; defender's 
son, Andrew Fisher, compeared and alleged the pursuer 
received 6 firlots of oats, but pursuer deponed he received 
only a boll at 5 1. ' of the forend of his fie.' 

Eodem die absolves David Uns in Lessudden from action 
by Robert Midlemes in Eildon and Alison Riddell his 
spouse, for 4 1. 10 s. due to Alison Riddell as the price of 
a boll of bear bought from her about 9 years ago ; defender 
compeared, with John Bunzie his procurator, denied, and 
pursuers referred it to his oath, who deponed negative. 

Eodem die decerns Thomas Darling in Blainslie to pay 
to John Lithgow in Newhouses 33 s. 8 d. for three months' 
service by pursuer's daughter to the defender about 
December 1671 ; defender confessed ' he was content to 
pay the fie according to the tyme of her service.' 

Eodem die absolves Thomas Buie in Longshaw from 
action by George Blaikie there, narrating that by a 
Minute passed between them on 11th May 1671 they 
are ' bound togidder to work and bige ane park dyke in 
Longshaw conteaneing ane hundrethe raids, and to be 
at the paines and expenses to buy ane hors to wine and 
leid the saids stones to the said park dyke, and to be at 
the half of the charges that was waired out at the biging 
of the said park dyke, under the paine of 86 1. Scotts.' 
Both parties compearing, the defender alleged ' he quite 
the bargane with consent of the persewer,' and referred 
to pursuer's oath, who deferred to the defender, who 
deponed ' the Lady of Longshaw come to him and agried 
with him and promised to gett the persewers libertie, 
quherupone the Lady speakeing to the persewer, whoe 
answered he was content if it did not wrong him, to 
quhich the defender answered that he most have a frie 
bargane, to quhich it was answered be the persewer that 
he was content.' 



326 MELROSE REGALITY RECORDS 

Melrose, 4 January 1673 ; Mr. Robert Maine. 

Which day decerns WiUiam Wallace, weaver in Melrose, 
to pay to Harry Wallace, smith there, 6 1. 12 s. 4 d. due 
by defender to Andrew TurnbuU in Bouden and arreisted 
for sums contained in decreet before the sheriff of Rox- 
burgh, 2 July 1672, at pursuer's instance against TumbulL 
Defender deponed owing nothing more at the time of 
arreistment. 

Eodem die decerns Margaret Mein, widow of Robert 
Mein alias Long, portioner of Newsteid, to pay to William 
Andersone, merchant in Melrose, 1 1. 16 s. 4 d. ' for cer- 
tane irone, suggar and candle ' bought from pursuer 
on 31 October 1671 ; defender absent, ' Johne Mein 
compered and denyed ' ; pursuer deponed. 

Eodem die decerns William Fishar, portioner of Longlie, 
to pay to Charles Watsone there 3 s. for four or five 
sheaves of bear eaten and destroyed by the defender's 
horse last harvest ; proved by several witnesses adduced 
[not named]. 

Melrose, 11 January 1673 ; Mr. Robert Maine. 

Which day decerns Andrew Merser, ' Pooll,' portioner 
of Darnick, to pay to John Penman, portioner of Melrose, 
10 merks for a boll of oats bought from pursuer about a 
year ago ; defender confessed. 

Melrose, 18 January 1673 ; Mr. Robert Maine. 

Which day decerns John Merser, ' Lochbreaste,' por- 
tioner of Bridgend, to pay to John Purves in Preistoune 
4 1. for pasture and grazing of two nolt to the defender 
last summer ; ' becaus upone consideratione the bailie 
did modifie the lybill to the said soiim of 4 1. Scotts.' 

Eodem die decerns David Kyle, ' Eister,' in Lessudden, 
to pay to Mr. John Summerwall, minister at St. Boswalls, 
10 1. 10 s. for meal bought from the pursuer, and 81. 5 s. 



ST. BOSWELLS TEINDS 327 

for malt, and 5 1. 3 s. for oats, and 2 1. 19 s. resting due by 
the defender, extending to 26 1. 19 s. ; defender absent. 

Melrose, 25 January 1673 ; Andrew Mar, portioner of 
Galtonside, bailie-depute pro tempore. 

Which day absolves George Hounam in Bridgend from 
action by Andrew Drumond, weaver in Darnick, for 4 1. 
for weaving cloth to the defender about two years ago ; 
defender denied, referred to his and his wife's oaths, and 
the defender deponed negative, ' that he awes the persewer 
nothing,' and Margaret Ireland, defender's wife, depones 
' that for anything shee knowes the persewer is payed.' 

Melrose, 1 February 1673 ; Andrew Mar. 

Which day decerns Andrew Merser, ' Pooll,' in Darnick 
to pay to Robert Mar there 4 1. 13 s., with 18 s. of interest, 
borrowed from pursuer about four years ago ; defender 
absent, pursuer deponed. 

Melrose, 8 February 1673 ; Andrew Mar. 

Which day decerns Andrew Darleing, portioner of 
Apletrieleaves, to pay to John Fishar and Andrew Merser, 
maltmen in Darnick, 11 1. for meal bought from the 
pursuers about two years ago ; defender absent, pursuer 
deponed. 

Melrose, 15 February 1673 ; Andrew Mar. 

Which day decerns Robert Spotswood in Darnick to 
pay to John Wilsone in Longhauch 5 merks for work 
wrought by him to the defender ; defender confessed. . 

Eodem die decerns George Gibsone in Lessudden and 
John King there to pay to Mr. John Summerwall, minister 
at St. Boswalls, as follows : — Gibson, 61. Is. for meal 
and bear bought from the pursuer about Lammas last ; 
and King, 41. 5 s. for his parsonage teind bear, 1671. 
Defenders absent. 



328 MELROSE REGALITY RECORDS 

Eodem die decerns Charles Watsone in Eister Longlie 
to pay to John Hislope in Galashiels 4 1. 17 s. for certain 
iron and other merchant ware bought from the pursuer ; 
defender confessed. 



Melrose, 22 February 1673 ; Mr. Robert Maine. 

Which day decerns Robert Foga in Blainslie to pay 
to James Sounhous there 40 s. ' for ane halfe sheips soum 
taken be the defender from the persewer in summer then 
last ' ; referred to defender's oath, who refused to depone. 

Eodem die decerns James Huntar, portioner of Eildoun, 
to pay to Robert Riddell in Newsteid 4 1. for a harvest 
fee ' wrought be the persewers spous to the defender in 
harvest then last 1672 ' ; defender absent, pursuer deponed. 

Melrose, 1 March 1673 ; Mr. Robert Maine. 

AVhich day action by George Wallace, portioner of 
Melrose, against Agnes and Bessie Main, lawful daughters 
and heirs portioners of deceased John Mein alias Page, 
portioner of Newsteid, and John Heitoun, weaver in 
Darnick, husband of said Bessie Mein, and John Mein, 
weaver in Newsteid, husband of said Agnes Mein, for their 
interests, narrating that said deceased John Mein granted 
Bond, 8 July 1665, to pursuer for 3 1. Scots, and he having 
made no payment thereof the said defenders ought to 
be liable to pay the same. Pursuer compearing personally, 
and Bessie Mein and her husband compearing by James 
Edgar their procurator, and Agnes and her husband 
compearing by John Bunzie their procurator ; and 
James Edgar alleged that when Heitoun and his spouse 
disponed to John Mein and his spouse all kindness and 
right they had or could have to the acres and houses in 
Newsteid, as one of the heirs portioners of the defunct, 
the said John undertook to relieve them of all debts that 
might be owing by the defunct to any person ; and on 
15 February produced Walter Vair, Andrew Kennedie, 



MILNE V. LAIDLAW 829 

and Andrew Chisholme, portioners of Darnick, as witnesses, 
who deponed as above ; wherefore decerns John Mein 
and his spouse to pay the debt, and absolves Bessie Mein 
and her spouse from the claim. 

Eodem die decerns Andrew Cairncroce in Wester Longlie 
to pay to John Hislope, merchant in Galashiels, 10 1. 6 s. 
for fee of half a year's service wrought by Jariies Stobo 
in Carrelsyde to the said Andrew, Martinmas 1671 to 
Whitsunday 1672, and assigned by Stobo to Hislop ; 
assignation produced, pursuer compearing with George 
Wallace his procurator ; defender absent ; 22 s. expenses. 

Eodem die decerns John Leitheid in Melrose to pay to 
John Patone in Lessudden 6 1. 14 s. 8 d. as balance of price 
of malt bought from pursuer ; defender alleged ' he knew 
nothing of it, but his wife only ' ; decerns on pursuer's 
oath. 

Melrose, 8 March 1673 ; Mr. Robert Maine. 

Which day decerns Nicol Gray in Rone of Blainslie to 
pay to James Burnley in Kaidsly 3 1. 8 s. for a bed bought 
from pursuer about three years ago ; defender absent ; 
8 s. expenses. 

Eodem die absolves James Laidlaw in Newtoune from 
action by Thomas Milne there against him for payment 
of 3 1. for three half years' maill of a house in Newtoune, 
Whitsunday 1668 to Martinmas 1669, and 21. 10 s. for 
* ane hors soum and ane leye ' ; also 18 s. for ' thrie 
sheipes grasse,' and 1 1. 16 s. paid out by the pursuer to 
Thomas Stenhous for the defender ; 1 1. 14 s. for tilling 
of land ; 1 1. 6 s. 8 d. ' for his wheat fauche ' ; 4 s. paid 
to Thomas Law in Melrose ; 2 1. 3 s. 4 d. ' for certane 
striken cloath ' ; 21. for ten days' meat furnished by the 
pursuer to the defender in harvest 1668 ; and 20 1. ' for 
his bed 3 years.' Pursuer compeared by John Bunzie 
his procurator, and referred to the defender's oath, who 
deponed ' as to the hous maill that it was gifted to him 
gratis ; as to the 2 1. 10 s. for hors grasse, confessed, as 



330 MELROSE REGALITY RECORDS 

alsoe 18 s. for thrie sheapes grasse, confessed ; as to the 
36 s. payed to the said Thomas Stenhous deponed negative j 
as to the teylling of land and wheat fauch and 4 s. to 
Thomas Law, depones negative ; and confesses the 43 s. 

4 d. for the stricking cloath ; as to the tua pound for meat 
depones negative, and as to the tuentie pounds for his 
bed 3 yeares depones negative.' Decerns for what is 
confessed, being 5 1. 11 s., and absolves from the rest. 

Eodem die decerns John Merser, ' Lochbreast,' portioner 
of Bridgend, to pay to William Andersone, merchant in 
Melrose, 2 1. 4 s. 4 d. for lint bought from pursuer about 
two years ago ; defender alleged he owed only 13 s. 4 d. 
' and therefter was holden as confest.' 

Eodem die absolves Thomas Milne in Neutoun from 
action by James Laidlaw there for a boll of wheat, price 

5 1., 5 firlots of bear, price 10 1., for ' ane quarter of land 
ferme in Neutoune possest be him cropt and year of God 
1669 ' ; also ' tUa Louding boalles oats, price 12 1. Scotts ' 
borrowed by him from the pursuer about three years ago, 
and 7 1. of fee for services in harvest 1669 by the pursuer 
to him, and 6 1. and a boll of bear, price 8 1., with half a 
year's fee and bounty wrought for by the pursuer to the 
defender about 16 years ago ; extending in all to 48 1. 
Referred to defender's oath, who deponed negative to 
all except 5 1. for wheat ; supersedes extract ' untill the 
persewer instruct his richt.' 



Melrose, 29 March 1673 ; Mr. Robert Maine. 

Which day absolves John Scott, baker in Galtonside, 
from action by William Andersone, merchant in Melrose, 
for 6 1. 14 s. for merchandise bought about 2 years ago ; 
defender denied all but 12 s. and pursuer offered to prove 
the claim by his account book, and thereafter restricted 
the claim to 38 s. 8 d. and referred it to defender's oath, 
who deferred to pursuer, who refused to depone ; absolves 
from all but 12 s. 



ACTION ABOUT A PLAID 331 

Eodem die decerns James Edgar, fiscal, to deliver to 
Janet Howie in Kelso a plaid pertaining to her in his 
custody, stolen from her in Jedburgh by Barbara Ker, 
and which he arreisted till the verity of its ownership 
was known. Defender produced the plaid, ' and the 
said persewer being presentt, and George Flint in Smaill- 
holm with her being interrogat anent the markes of the 
said plaid declaired ther is figures one the yellow about 
22, and that the persewers aun mark is besyd the former 
and is ane xi. ; therefter the plaid being sighted, ther is 
marked one it on yellow thus 204, xi. The said George 
Flint being present and suorne upone his great oath 
and interrogat if the plaid produced was the same indi- 
viduall plaid he marked, sold and delyvered to the per- 
sewer, deponed positive ' ; therefore decerns the plaid 
to be delivered to her, she paying the expenses and finding 
caution to make the same forthcoming to all who shall 
pretend interest. 

Eodem die decerns James Patersone in Newstied to 
pay to Thomas Bunzie, son of John Bunzie, portioner 
there, 2 1. 15 s. for tobacco and other merchandise bought 
about 2 years ago ; defender absent ; 6 s. expenses. 

Melrose, 12 April 1673 ; Mr. Robert Maine. 

Which day action by George Pringle of Buckholme 
against William Cairncroce of Calfhill, narrating that 
pursuer stands infeft in the lands of Ladupmore with 
houses, yards, teindsheaves and other teinds, and that 
meadow or moss called Reidcrocemos, with pertinents,, 
as presently possessed by him and lately by deceased 
William Tait there, as pursuer's sasine under the hand 
of Thomas Wilkiesone, notary, dated 7 January last,, 
bears ; and craving and suing for exhibition of a Charter, 
dated at Edinburgh, 16 July 1627, by deceased Thomas, 
Earl of Melrose, to deceased Nicol Cairncroce, goodsir 
to the defender, of the said lands of Ladupmoore with 
pertinents ; Sasine thereupon of Nicol Cairncroce, 21 
September 1627, subscribed by Alexander Wilkiesone,. 



332 MELROSE REGALITY RECORDS 

notary, registered at Selkirk, 30 September 1627, by 
David Peter ; Precept of Clare constat, dated at Melrose 
and Edinburgh, 27 and 29 August 1646, by deceased John, 
Earl of Haddington, with consent of curators, to deceased 
James Cairncroce of Calfhill, eldest son and heir of said 
Nicol Cairncroce, of said lands and pertinents ; Sasine there- 
upon of said James Cairncroce, 17 July 1650, subscribed 
by William Wallace, notary, registered at Selkirk, 18 
July 1650, by said David Peter ; Precept of Clare constat, 
■dated at Tyninghame, 2 February 1653, by said Earl 
to William Cairncroce as son and heir to said deceased 
James Cairncroce in foresaid lands ; Sasine of said William 
Cairncroce thereupon, 29 December 1654, subscribed by 
Robert Ogilvie, notary, registered at Melrose, 8 February 
1655, by Andrew Tuno, notary there ; so that tran- 
sumpts may be made thereof, since the pursuer cannot 
recover the principal evidents, which contain several 
other lands pertaining to the defender. Pursuer com- 
pearing by William Lythgow his procurator, and defender 
by James Edgar his procurator, and no others compearing 
as interested parties, the bailie ordains the foresaid writs 
to be transumed at the pursuer's expense, and decerns 
the same to be as valid as the principal evidents, the 
defender's procurator having confessed to possession 
of the writs and consented to the transuming thereof. 
[The writs are here recorded in full, extending to about 
■20 pages.] 

1. The first, in Latin, is a Charter by the Earl of Melrose, 
who understanding that Nicol Cairncroce of Calfhill and 
his predecessors have been past memory of man natives, 
tenants and possessors of the following lands, and that 
the evidents and securities of the said lands %vere burned 
by a great fire, evidences of which were produced, and 
being desirous not to prejudge the said Nicol in his posses- 
sion, of new grants to him and his heirs and successors 
the lands of Calfhill alias Eastside of Ladupmoore, and 
that piece of land called Notmans Park adjacent to the 
said lands of Calfhill, on the west side of the Water of 
Elwand, acquired by deceased Nicol Cairncroce, father of 



CAIRNCROSS TITLES 333 

the said Nicol, from James Notman in Moshouses ; also 
the 5 merk lands of Moxpople ; to be held of the granter 
in feufarm for yearly payment as follows, for Calfhill 
10 1. Scots as the old ferme and 13 s. 4 d. in augmentation ; 
for Notmans Park 2 s. ; for Ladupmoore [sic] with teinds 
and marsh foresaid ^ 55 stones of butter or 6 s. 8 d. per 
stone at the payer's option, and 6 ' fedders ' of turves 
or 6 s. 8 d. for the same [pro eisdem], at the payer's 
option, with 6 s. 8 d. in augmentation, and with suits 
at three head courts of the granter's lordship held yearly 
at the monastery of Melrose ; and for the 5 merk lands of 
Moxpople 31. 6 s. 8 d., with 3 s. 4 d. in augmentation, 
extending in whole to 33 L 5 s. 4 d. [sic] ; and doubling 
the feufarm at entry of heirs to each or any of the above 
subjects. Precept is directed to James Pringle of Buck- 
holme to give sasine, and one sasine taken at the manor 
place of Calfhill called the Hilslope is declared to be 
sufficient for all. Archibald Eliot, the Earl's servitor, 
writes the charter ; witnesses, David M'Culloch, Mr. Adam 
Hepburne, George Pringle, Thomas Eraser and said 
Archibald Eliot, his servitors. 

2. The Sasine following thereupon mentions the lands 
of Ladupmoore with teindsheaves and other teinds, and 
with the marsh called the Reidcrocemos, as a specific part 
of the grant ; witnesses, George Home of Bellitaw, John 
Stoddart in Buckholme, James Cairncroce, apparent of 
Calfhill, and William Cairncroce in Colmslie. 

3. The Precept of Clare constat, 1646, is directed to 
James Lythgow of Drygrainge, written by William 
Malloch, writer in Edinburgh, and attested by Gilbert 
Johnstone, William Nisbet, and James Broune, the 
Earl's servitors. 

4. The Sasine thereupon, incorporating the above 
Precept, is witnessed (upon the lands of Calfhill, Notmans- 
park, and Ladupmoor) by John Fisher of Wester Housbyre, 
Robert Young, servitor to the bailie, Robert Newton, 
servitor to said James Cairncroce, and William Turneor, 



^ Seemingly omitted in the descriptive clauses. 



334 MELROSE REGALITY RECORDS 

son of Alexander Turneor in Colmslie ; and (upon the 
lands of Moxpople) by said John Fisher, Andrew Tuno, 
notary in Melrose, Patrick Bulman in Maxpople, and 
George Haistie there. 

5. The Precept of Clare constat to WHliam Cairncroce, 
1653, is directed to James Lythgow of Drygrange (and 
narrates i.a. the reddendo of Ladopmoore as 55 stones of 
butter or 6 s. 8 d. per stone, and ' sex fedders of peitts ' 
or 6 s. 8 d. for the same) ; is written by William Wright, 
writer in Edinburgh, and attested by James Broun, 
William Nisbet, and James Watson, the Earl's servitors, 

6. The Sasine thereupon is witnessed (on the lands of 
CalfhUl, Ladopmoore and Notmanspark) by James Ker, 
younger, in Melrose, Alexander Ushar, servitor to the 
Earl of Haddington at Melrose, William Fisher, portioner 
of Easter Longlie, and Thomas Fiergreive, indweller in 
Ladopmoore ; and (on the lands of Moxpople) by said 
James Ker, Alexander Ushar, and James Haistie and 
James Draughwell, indwellers in Moxpople. 

Melrose, 21 April 1673 ; Mr. Robert Maine. 

Which day decerns James Waugh in Melrose to pay 
to Alexander Patersone in Rutherfoord 13 1. 6 s. 8 d. 
for certain oats bought from the pursuer about three 
years ago ; referred to defender's oath, who deferred to 
the pursuer, who deponed positive ; 36 s. expenses. 

Melrose, 26 April 1673 ; Mr. Robert Maine. 

Which day decerns John Purves in Drygrainge to pay 
to James Miln in Melrose 4 1. for which the pursuer became 
cautioner for him to Andrew Lythgow, brother german 
of Alexander Lythgow of Drygrange ; defender absent ; 
8 s. expenses. 

Melrose, 3 May 1673 ; Mr. Robert Maine. 

Which day decerns James Edgar, portioner of Melrose, 
fiscal, to pay to Thomas Law in Darnick 22 s. ' for certane 



' ANE WETHER HOG ' 335 

gresse in the sand yeard of Melrois ' bought from the 
pursuer, and 12 s. 8 d. ' for furnished things to his house ' ; 
defences repelled, defender refused to depone ; absolves 
the defender ' from all the rest conteaned in the said 
lybill.' 

Eodem die decerns John Sounhous, portioner of Blainslie, 
to pay to James Wilkiesone in Lauder 91. 9 s. and 24 s. 
for a meikle full of bear, for a harvest fee wrought for by 
the pursuer to him in crop 1672, conform to the defender's 
ticket to him ; defender absent ; 2 merks of expenses. 

Eodem die the bailie discharges all persons ' to make 
use of wayes or rods throw the Earle of Hadintoun his 
meidow in Melrois in tyme comeing without licence first 
sought and obteaned under the pain of 40 s. for ilk trans- 
gressione, betuixt the first day of Apryle and .' 



Melrose, 17 May 1678 ; Andrew Mar, pro tern. 

Which day decerns James Mofiitt in Drygrange to 
pay to Thomas Fiergreive in Hagburne 9 1. ' for the 
gresse maill of fourscore ten lambs upone the bum of 
Lambermoore in summer 1672 ' ; defender confessed. 

Eodem die decerns Thomas Merser in Rink to deliver 
to Elizabeth Trotter in Galtonside and William Bouston, 
herd there, for his interest, ' ane wether hog ' that per- 
tained to the pursuer and was taken away by the defender 
when he removed from the lands of Drygrainge, and 
which was in the said William Houston's custody ; other- 
wise to pay 44 s. as the modified price ; referred to 
defender's oath, who defers to Bouston's oath, who 
' deponed (he alledgeing that the defenders father took 
away the hog) that the defender said to him it was not 
his father, but that the defenders herd John Halliwall 
fetched the hog from among the sheip and delyvered it 
to him.' 



336 MELROSE REGALITY RECORDS 

Melrose, 24 May 1673 ; Mr. Robert Maine of Loch- 
wood : Charles, Earl of Hadinton, present. 

Which day decerns Isobel Thomson, widoW in Galtonside, 
relict of Thomas Wilson, mason there, to pay to Thomas 
Bouston, servitor to Sir Gilbert Elliot of Stobs, 50 merks 
of principal, and 3 years' interest preceding Martinmas 
1669, extending to 6 1., contained in Bond, 23 January 
1660, by Wilson to the pursuer ; pursuer compearing by 
George Wallace his procurator produced the bond, 
defences repelled, pursuer to prove the defender's intro- 
mission with her husband's goods, and ordained defender 
to produce her contract of marriage ; and James Edgar, 
her procurator, produced the said contract, dated 23 
February 1663, while pursuer adduced several witnesses, 
who deponed that she intromitted ' with the reversion 
of the money that was given for the cornes sold be her 
husband and 5 sheip and pott and pan and all his houshold 
plenishing and ane half aiker of land.' The bailie finds 
her intromission proved, and that the contract of marriage 
is post contractum debittim of the bond, and decerns. 

Melrose, 7 June 1673 ; Mr. Robert Maine. 

Which day decerns James Miln in Melrose to pay to 
Thomas Bunzie, son of John Bunzie, portioner of Newsteid, 
55 s. of principal and 6 s. expenses due by him to James 
Paterson in Newsteid and arreisted at pursuer's instance ; 
defender absent. 

Melrose, 14 June 1673 ; Mr. Robert Maine. 

Which day decerns James Leithan in Galtonside to 
pay to Andrew Henderson, sometime in Woodheid, novf 
in Tympendeane, 9 1. for a boll of bear bought from 
pursuer ; defender confessed ; 24 s. expenses. 

Eodem die decerns James Merser, portioner of Newsteid, 
and Adam TurnbuU for his interest, to exhibit in the 
clerk's hands [a contract] between Adam Turnbull, 



REMOVING TENANTS 337 

mason in Newsteid, and John Bunzie, weaver there, 

dated , ' untill it be known what both pairties can 

say ' ; Bunzie consented, Turnbull absent. 

Eodem die decerns Thomas Law in Darnick to pay to 
John Mein, maltman, portioner of Newsteid, 28 1. for meal 
and malt furnished by pursuer to him in 1671, conform 
to a subscribed account, 17 July 1671 ; defender absent. 

Eodem die decerns William Fisher, portioner of Easter 
Longlie, to pay to Charles Watsone there 4 merks ' as 
the modified damnage for teilling away 4 furrowes of 
the said persewers lands end long, and to redelyver the 
samyn back again, as alsoe to make payment to thes 
whoe wer at the paines to visit the samyne ' ; the bailie 
having ordained Robert Frier, elder, and James Boustone, 
elder, to visit the controverted ground and report, 
who gave in their report this day. Also fines the 
defender 10 1. 

Eodem die decerns Robert Pringle of Blindlie, Andrew 
Cairncroce of Wester Longlie, and George Pringle, younger 
of Blindlie, Robert Mertone in Westhouses, Adam Darling 
there, William Merton there, George Pringle there, natural 
son of George Pringle of Buckholm, George Pringle in 
Coblehous, Robert Ormstone, elder, Robert Ormstone, 
j^ounger, his son, in Galtonside, John Halliwall, elder, 
there, Thomas Boustone, ' Wynd,' there, Walter Vaitche 
there, Thomas Boustoun, ' Eistcoat,' there, Robert Mylds, 
younger, there, Thomas Milds there, Robert Boustoun 
there, Bessie Mylds there, James Boustoun there, Robert 
Mein, mason, there, James Tait there, James Leithan 
there, Thomas Williamsone there, Margaret Frier there, 
Isobel Thomson, John Scot there, John Hoy there, Adam 
Turnbull in Newsteid, Walter Donaldsone in Melrose, 
Thomas Lukupe there, John Hog there, John Bouar 
there, William Wallace, merchant there, William Wallace, 
weaver, Alexander Heitoune in Darnick, George Hounam 

there, Robert Mar, Robert Spotswood there, 

Mudie there, John Thomsone in Ridpeth, and Thomas 

VOL. ri. V 



338 MELROSE REGALITY RECORDS 

Bouie in Melrose, Andrew Boustoun in Bridgend, and 
John Ushar there, pretended tenants, possessors and 
occupiers of the lands of Melrose, Darnick, Bridgend, 
Westhouses, Galtounsyde, Coblehouse, Wester Longlie 
and Newsteid, to flit and remove from the same and the 
teinds, mills, cobles and fishings, to the effect that Charles, 
Earl ol Haddington, and others in his name may enter 
to possession. Pursuer compeared by James Edgar his 
procurator, who produced pursuer's sasine dated 6 May 
1670 subscribed by Thomas Wilkieson, notary, precept 
of warning, and procuratory ; all defenders absent, and 
held as confessed, except George Pringle of Blindlie, who 
craved a double of the summons, to which James Edgar 
answered that if he would find caution for the violent 
profits and duties of his lands he could have the same, 
whereupon the said George took instruments. 

Melrose, 20 June 1673 ; Andrew Mar, pro tern. 

Which day decerns William Fishar, portioner of New- 
steid, to pay to James Mein in Coldonknowesbyres 2 1. as 
balance of price of an ox bought from the pursuer in March 
1672 ; referred to defender's oath, who deferred to pursuer, 
who deponed positive. 

Melrose, 28 June 1673 ; Andrew Mar. 

Which day decerns George Hoy alias Eastcoat, portioner 
of Galtonside, to pay to George Hoy, servitor to John 
Davidsone, gardener in Hallidean, 7 1., and 20 s. for a full 
of bear, and 6 s. for a pair of hose, as balance of a year's 
fee for service wrought by the defender to the pursuer 
[sic^ about three years ago ; defender absent, pursuer de- 
poned ; 16 s. expenses. 

Eodem die decerns Thomas Uns, portioner of Lessudden, 
and his spouse, to pay to George Pringle there 5 1. 14 s. 6 d. 
for malt and sheep bought by them from the pursuer 
at Candlemas last ; referred to the defender's oath, who 
deferred to pursuer, who deponed positive ; 12 s. expenses. 



DEFORCING THE OFFICER 339 

Eodem die decerns Rachel Duncan, wife of Robert 
Forsan, miller in Newsteid, to pay to Margaret Lythgow, 
-wife of James Eillies of Huntliewood, 28 s. for price of a 
barrel, and balance of price of a stand, received from 
pursuer ; defender offered to prove she had only borrowed 
them, but failed to prove it ; 4 s. expenses. 

Eodem die decerns James Eillies of Huntliewood to pay 
to Thomas Finlaw in Old Melrose 7 1. as the modified price 
of fee and bounty for certain service wrought by pursuer to 
defender ; 14 s. expenses. 

Eodem die action by James Edgar, fiscal, Thomas Law, 
commissary officer in Darnick, Walter and Peter Donald- 
son and Robert Thorbrand in Melrose, John Wallace, 
James Burn and George Eillies there, against James 
Fishar of Claikmae, William Swanston, James Atchesone 
and James Smyth, his servitors, narrating that on 24 June 
inst. the said Thomas Law as commissary officer, with the 
assistance of the rest of the pursuers, was poinding the 
goods and gear of the said James Fishar for payment 
to said Walter Donaldsone of 60 1. Scots of principal 
and 6 1. of expenses in decreet before the commissary 

of Peebles dated inst., and had arreisted several 

sheep to be apprised for the debt, when the said James 
Fishar and the foresaid defenders, his servitors, came and 
deforced the officer and reft the goods from him and beat 
and struck and wounded the pursuers with staves and 
other weapons on divers parts of their bodies to the effusion 
of blood ; whereby the said James Fisher forfeits all his 
moveables, half to pertain to the fiscal and half to the 
said Thomas Law, conform to act of Parliament, King 
James vi. Pari. 12, cap. 150. The said James Edgar com- 
pearing personally, and rest of pursuers absent, and the 
said James Fishar compearing personally, and rest of 
defenders absent, the defender alleged that the officer and 
others have committed a manifest ' spuilzie * and riot by 
apprehending his goods after he had procured letters of 
suspension dated 20 June 1673 and intimated the same to 
rthe pursuers on 23 June, and he produced the said letters 



340 MELROSE REGALITY RECORDS 

and execution thereof, and the bailie finding that the 
poinding was not till 24 June he absolves Fisher and his 
servitors from the action of deforcement, and fines William 
Swanston in 10 1. for striking the said Robert Thorbrand.: 

Melrose, 5 July 1673 ; Andrew Mar. 

Which day decerns William Wallace alias Coolly, 
weaver in Melrose, to pay to John Heiton, mason in 
Darnick, 3 1. 13 s. 4 d. for sheep bought from the pursuer at 
Martinmas 1671 ; pursuer compearing by Andrew Hounam, 
his son-in-law, referred to defender's oath, who deponed 
positive \sic\. 

Melrose, 12 July 1673 ; Andrew Mar. 

Which day absolves William Houston, herd in Galtoun- 
syde, from action by Robert Frier, elder, portioner there, 
narrating that the defender ' throw his negligence lost ane 
gimar perteaneing to the said persewar in anno 1665 or 
therby being now 8 years since, 8 lambs and 8 fleices of 
woull with ther ofspring, price therof 50 lib. ; item, more 
tua wedder hoges quhich the said defender lost to the said 
persewer about 3 yeares since or therby, price and worth 
4 lib. Scotts ; item, more ane gimmar and ane hoge quhich 
the said defender lost to the said persewar at Mihilmes last, 
price and worth 3 lib. 6 s. 8 d. ; item, more ane hog quhich ' 
the said defender lost to the said persewar in winter last, 
price and worth 30 s. Scotts ; item,, more 15 s. Scotts for 
customes payed be the persewer for the defender in Lauder 
and ane harrow.' Defender denied all, and pursuer re- 
ferred it to his oath, who being asked if he lost the sheep by 
negligence and evil herding or not, deponed negative to 
all but the ' gimar ' lost in winter last, for which the bailie 
modifies 36 s. with 4 s. expenses of plea, and absolves from 
the rest. 

Eodem die decerns John Davidsone and John Sounhous,. 
portioners of Blainslie, to pay to Mr. Thomas Byres, 
schoolmaster at Melrose, the following, viz. Davidson as 



DICKSON V. FOGA 341 

tenant to Mr. William Wallace of Elington of three husband 
lands there 4 1. 12 s. 6 d. for the pursuer's ' reader fie ' from 
Martinmas 1667 to Martinmas 1672, and Sounhouse 24 s. 
for the pursuer's reader fee, ' from anno 1671 ' to Whit- 
sunday 1673 ; because John Stirling there being asked 
what was their proportion declared in presence of the 
defenders that " ilk land payed 6s. 2d. yearlie, and that 
Davidsone possesses 3 lands and Sounhous tua lands and 
ane halfe,' and they said nothing to the contrary. 

Eodem die decerns William Andersone, merchant in 
Melrose, and James Milne there to pay to James Edgar, 
fiscal, 10 1. each, due by them to Robert Thorbrand and 
Walter Donaldsone their servitors and contained in 
decreet, 28 June last, at Edgar's instance against Thor- 
brand and Donaldson, and arreisted in defenders' hands ; 
Edgar referred to Anderson's oath what he justly owed at 
time of arreistment, who refused to depone ; and James 
Milne being absent was held as confessed. 

Melrose, 19 July 1673 ; Mr. Robert Maine. 

Which day decerns Robert Foga in Rone of Blainslies 
to pay to Jean Dicksone in Blainslie 3 1. 12 s. which Patrick 
Knox in Lauder barnes was owing to the pursuer, and the 
defender buying and receiving certain sheep from Knox 
in May 1673 became debtor to the pursuer. Defender 
alleged the pursuer passed from the bargain, who being 
sworn deponed negative, that she never passed from the 
bargain. 

Eodem die decerns William Wallace, merchant in Melrose, 
and Peter Donaldsone his servant to pay to James Edgar, 
fiscal, 10 1. due by him to said Peter and arreisted in terms 
of decreet at the fiscal's instance against said Peter Donald- 
son ; defender absent. 

Melrose, 26 July 1673 ; Mr. Robert Maine. 

Which day ' the baillie graunts the supplicatione given in 
to the court be David Broun of Park, imprimis, for 20 elnes 



342 MELROSE REGALITY RECORDS 

of linnen, item, 10 elnes of linsay woulnsay, item more 

22 elnes of harden perteaneing to Beatrice Broun, itemi 
more 6 elnes of linnen for boordcloathes, item more 1& 
pound weight of wouln yearne unwarped, item, more tua 
pocks, ane with ane full of wheitt and another with som 
oatmeill of bountath, item more for wairpeing aill 3 s. 4 d. 
for the wouln yearne and yet unwairped, all quhich was 
delyvered be him to John Halliwall, " Fair," weivar in Gal- 
tounsyde, and ordeanes Andro Mar to delyver the samyne 
to the supplicant ; becaus Issobell Burnet his servitrix 
being present and suorne deponed positive conform to the 
supplicatione.' 

Eodem die decerns John Wilsone in Longhaugh to pay 
to James Mein in Gallabarnes 46 1. Scots ' bought ' [prob, 
borrowed] and received by him from the pursuer at Yule 
1672 ; pursuer [sic] absent, decerns juramenta actoris. 

Melrose, 2 August 1673 ; Mr. Robert Maine. 

Which day decerns George Dewar in Wester Longlie to 
pay to James Hadden in Galashiels 4 1. 4 s. for certain 
iron and tar bought from pursuer seven years ago ; de- 
fender absent, pursuer deponed. 

Melrose, 9 August 1673 ; Mr. Robert Maine. 

Which day decerns David Uns in Lessudden to pay to 
Adam Saidler in Galashiels 10 1. contained in a ticket for 
two bolls of oats, granted by defender to pursuer dated 

23 March 1669, payable at Martinmas 1670 ; ticketjpro- 
duced, defender absent, decerns juramenta actoris ; 122 s. 
expenses. 

Eodem die decerns William Notman in Threipwood to pay 
to Robert Tutupe in Blainslie 50 s. for a ewe and a lamb 
' quhich the defender had gressing to the said [persewer] at 
Witsonday last and lost the samyne ' ; defender absent ; 
5 s. expenses. 

Eodem die decerns William Wilsone in Longhaugh to pay 
to Robert Blaikie in Hagburne 36 s. as modified price of a 



IMPING TREES 343 

ewe hog pertaining to the pursuer ' and bein in the said 
defenders custodie since Midsummer last,' or else to 
deliver the hog ; defender absent, decerns ' juramenta 
actoris that it had his mark ' ; 6 s. expenses. 

Eodem die decerns John Hoy in Melrose to pay to George 
and Andrew Mertone there 4 1. 18 s. 8 d. for certain fruit 
bought from the pursuers about two years ago ' and for 
imping of tries and leik seid and a dayes work wrought be 
the persewars to the defender ' ; referred to defender's 
oath, who deferred to the pursuer's oath ' and that he come 
not cautioner for a woman in Jedburgh for 18 s. and that 
he promeised the defender sould not be a loser of the bargan,' 
and the pursuer [sic] deponed negative as to the 18 s. 
' and deponed positive to all the rest of the particulars 
conteaned in the lybill except that anent he sould not be a 
loser, and he knows not if he be a loser.' 14 s. expenses. 

Melrose, 16 August 1673 ; Mr. Robert Maine. 

Which day decerns William Turner in Ridpeth to pay 
to John Stoddart in Williamhope 300 merks as cautioner 
for James Burnleyes in Kaidslie against whom the pursuer 
had letters of caption, 20 March 1673, from the Lords of 
Council and Session for a debt of 63 1. principal, 10 merks 
expenses, and the interest, contained in Bond 27 June 
1672 by Burnleyes to him, and 250 merks principal, 20 1. 
expenses, and interest, in Bond, 18 June 1672 by Burnleyes 
to him, both registered in Selkirk sheriff court books on 
9 January last ; and the said James being afraid of im- 
prisonment, the defender came and agreed with pursuer 
that if he would forbear to apprehend Burnleyes and allow 
him to frequent the markets and fairs for selling his goods 
till midsummer thereafter, the defender would either pay 
the debts or present the debtor's person by 27 June, now 
past. Pursuer compeared personally, with James Edgar 
his procurator, who produced horning and caption, and 
defender compeared with John Bunzie his procurator, 
denied the libel and craved pursuer's oath of calumny, 
who deponed he had just cause to pursue ; and pursuer 



344 MELROSE REGALITY RECORDS 

adduced Thomas Scott in Lowanshope and John Ellott in 
Year, who deponed they saw William Turner come to the 
Yaire and agree with pursuer as libelled for 300 merks and 
give him his hand thereupon, ' and for the other 50 merks 
he behooved to have longer tyme,' the witnesses being 
present with them. 

Eodem die decerns John Kerr of Shaw to pay to Thomas 
Cochran, portioner of Newtoune, 4 1. for salt received by 
the defender and his servants at his direction from the 
pursuer at Lammas 1671, and 80 s. Scots ' for carieing in of 
his children to Edinburgh ' ; defender absent, pursuer 
deponed ; 11 s. expenses. 

Eodem die decerns James Leyes in Colmsliehill to pay to 
William Smyth, messenger at Lauder, 5 merks ' for ane oxe 
gresse with the said defenders kyne in Colmsliehill which 
he sould have gressed in summer last 1673 upone conditione 
that the said persewar sould setle and agrie the said 
defendar with ane other man, quhich accordinglie the said 
persewar did, and quhen he sent his oxe to the said de- 
fender to be gressed according to ther conditione the said 
defender absolutlie refoused and would not permitt the 
said persewers oxe to remaine upone the ground.' De- 
fender compeared with George Wallace his procurator, and 
confessed the same ; 6 s. 8 d. expenses. 

Eodem die decerns William Bowstoume, herd in Galton- 
side, to deliver to John Mein, maltman in Newsteid, 
' ane yew lamb which wandered throw Tweid to Galtoun- 
syde sheip in May last ; becaus John Hownam, herd in 
Newsteid, being suorne deponed it was the persewers 
lamb.' 

Eodem die decerns Andrew Halliwall in Kaidsliedoores 
to pay to James Fishar of Claikmae 3 1. 6 s. as balance of 
rent of a house possessed by defender about two years ago, 
and 17 s. 2 d. of borrowed money, and 12 L as the agreed 
price of 2 bolls of oats bought from pursuer at Yule last, 
and 12 s. borrowed from pursuer about a month ago ; de- 
fender confessed all ; 40 s. expenses. 



JOHN HALLIWELL DELINQUENT 345 

Melrose, 30 August 1673 ; Mr. Robert Main. 

Which day decerns John Thorbrand, portioner of Lessud- 
den, to receive as his vassal John Unse, tailor there, in a 
house and yard there, and John Unse to enter thereto and 
pay yearly 3 s. 4 d. of feu duty and 3 s. 4 d. for vicarage 
teind, doubling the same at his entry. Pursuer compearing 
by James Edgar his procurator produced his active title, 
■whereby the bailie finds Unse holding of the pursuer for 
■3 s. 4 d. yearly and duplicand at entry of heirs. 

Head Court, Melrose, 4 October 1673 ; 
Mr. Robert Maine. 

Which day John Sounhous, portioner of Blainslie, is 
■decerned to pay to John Moriesone, servitor to Mr. James 
Daes of Coldonlcnowes, advocate, 12 1. 18 s. 8 d. disbursed 
by the pursuer for the defender, and for the pursuer's own 
pains in procuring caution, surety and lawborrows acted 
in the Books of Council and Session for the defender and 
several other persons against John Lythgow in Newhouses 
and other persons contained in the said act of caution 
dated 8 August 1672, conform to a particular account ; 
referred to defender's oath, who deferred to pursuer, who 
deponed positive ' and that the said defender promeised 
payment to the said persewer at his aun house within this 
moneth or fyve weiks.' 

Eodem die ' finds and declaires that John Bunzie, officer, 
hes committed ane maniefest breach of his trust for suffer- 
ing and permitting John Halliwall, Fair, delinquent, to 
goe upe and doun the streitts and to change houses wher he 
pleased, and imploying the said delinquent in the said 
defenders aun service by carieing of his maskingburne, 
and did intrust him with the venting of his aill, and key of 
the prisone door, and to fork Mark Blaikies cornes, and 
interteaneing ane saidled horse in his house all the night, 
quherupone the delinquent escaped, and that he is remisse 
and negligent in the executione of his said office, and ther- 
foir discharges him from anie farder exercing of the samyne 



346 MELROSE REGALITY RECORDS 

and to be putt in the stocks dureing the bailHes pleasure ; 
becaus the samyne was sufficienthe proven be the deposi- 
tiones of severall famous witnesses and the defenders 
confessione, as the compleant given in be James Edgar*, 
procurator fiscall, minutts and signatores of proces and 
depositiones of the saids witnesses and confessione of the 
said defender beares.' 

Eodem die declares John Halliwall, ' Fau*,' weaver in 
Galtonside, fugitive, and ordains all his moveable goods and 
gear to be escheat, and prohibits all persons within this 
regality to reset him night or day ' except they bring him 
to prisone for most unnaturallie strykeing and baitting of 
Aliesone Boustone his spouse with his hands and feitt 
upone the seventh day of July last, by quhich strokes shoe 
immediatlie died, quherthrow he hes transgressed the law 
of God (Thow salt not kill) ; becaus John Bunzie, officer, 
declaired that he escaiped prisone this night and is gone, and 
therthrow hes taken the guilt upone him.' 

Melrose, 11 October 1673 ; Mr. Robert Maine. 

Which day decerns Thomas Halliwall, weaver in Gal- 
tounsyde, and John Halliwall, fugitive, for his interest, to 
pay to Charles, Earl of Haddington, 12 1. 4 d. due by the 
defender ' at leist receaved be him from Andro Chisholme 
and others for goods sold perteaneing to the said John 
Halliwall,' arreisted in defender's hands for part payment 
to the Earl of 25 1. of principal and 2 1. expenses in decreet 
at his instance against John Halliwall, 30 August last. 
The Earl compeared by James Edgar his procurator, who 
referred to defender's oath what he was justly owing at 
time of arreistment, who deponed as above. 

Eodem die decerns Marion Wright, wife of Thomas 
Lukupe in Melrose, to pay to Janet Wallace, daughter 
of William Wright, weaver there, 40 s. and a pair of hose at 
9 s., of fee and bounty for which the pursuer was to serve 
the defender from Whitsunday last to Martinmas next, 
and the defender without any just cause put the pursuer 



REMOVING TENANTS 34r 

away ; also 40 s. for the pursuer's wearing clothes, which 
the defender detains from her ; defender absent ; 12 s. 
expenses. 

Melrose, 18 October 1673 ; Andrew Mar, pro tern. 

Which day decerns Mr. John Lythgow, indweller in 
Ridpeth, and Isobel Scott his spouse, to flit and remove 
from the lands of Brierieshaw with houses, yards, and 
pertinents, lying ' within the shirrefdome of Dumfreise,' 
so that Walter Scott of Glaidswood may enter thereto and 
dispone thereupon as he chooses. Pursuer compeared 
with George Wallace his procurator, who produced pur- 
suer's instrument of sasine and precept of warning, and 
defenders compeared by William Lythgow their procurator, 
who craved a double of the summons but refused to find 
caution for the violent profits. 

Eodem die decerns James Lindsay in Westhouses to pay 
to Andrew Mar, portioner of Galtonside, 22 1. as balance 
of price of malt bought from the pursuer ; defender absent ; 
44 s. expenses. 

Melrose, 25 October 1673 ; Andrew Mar. 

Which day decerns Andrew Darleing, portioner of 
Apletrieleives, to pay to Margaret Lythgow, wife of James 
Eillies of Huntliewood, 41. 13 s. 4 d. due by him to them 
conform to account ; referred to defender's oath, who 
deferred to pursuers, who deponed positive. 

Melrose, 1 November 1673 ; Andrew Mar. 

Which day decerns Alexander Dalgleish in Quarrellhill 
to pay to William |Eckles in Newtoune, as becoming debtor 
to the pursuer at Candlemas last for Thomas Bichett, 
6 1. 10 s. ; referred to defender's oath, who deferred to 
pursuer, who deponed positive ; 14 s. expenses. 

Eodem die decerns John Clapertone in Longhaughe to 
pay to Thomas Wilkiesone, clerk of Melrose, 3 1. as the just 



S48 MELROSE REGALITY RECORDS 

half of the agreed price of 6 1. for the plums in Longhaughe 
pertaining to the pursuer and Andrew Darleing, sold by the 
said Andrew to him, crop 1673, and intromitted with and 
away taken by the defender ; defender absent ; 7 s. ex- 
penses. 

Eodem die decerns Andrew Cairncroce of Wester Longlie, 
and James Lindsay for his interest, to pay to Andrew Mar, 
portioner of Galtonside, 8 1. and a firlot of bear due by 
defender to Lindsay and arreisted in part payment to 
pursuer of 22 1. of principal and 44 s. expenses in decreet 
at pursuer's instance against Lindsay ; because Andrew 
Kennedie, officer, produced a declaration subscribed by 
defender that he was justly owing as above. 

Melrose, 8 November 1673 ; Mr. Robert Maine. 

Which day decerns Andrew Leyes in Woulplaw to pay to 
Robert Hislope in Hagburne 50 s. as the bounty of a har- 
vest fee ' wrought be the persewer and his wife to the 
defender ' in 1672 ; defender absent, pursuer deponed. 

Eodem die decerns Thomas Blaikie in Longhaughe to 
pay to Thomas Weatherstone, herd in Housbyre, SOs. " for 
ane halfe full of salt ' and 18 s. * for a corne peck full of 
salb ' ; defender absent. 

Eodem die absolves George Wallace, notary in Melrose, 
from action by John Watsone in Eister Longlie for pro- 
duction of a Tack, ' maid betuixt the persewer and Robert 
Wright in Lawdopmoore of ane house and yeard there ' for 
three years, deposited with the defender ; because he pro- 
duced the same. 

Eodem die decerns George Dewar in Wester Longlie to 
pay to John Hislope in Galashiels 38 s. for cheese bought 
from pursuer about three years ago ; defender absent. 

Eodem die decerns William Mabone, weaver in Melrose, 
Thomas Drummond and James Mertone, to pay to James 
Waughe 4 I. ' for the persewers sone Robert Waugh his 



SIMPSON V. SIMPSON 349 

fie for herding of the defenders goods in summer last ' ; 
defenders confessed ; 12 s. expenses. 

Melrose, 15 November 1673 ; Mr. Robert Maine. 

Which day decerns Janet Scott, widow of James 
Sympsone in Darnick, to pay to James Sympsone in 
Eildoune 100 1. and 5 years' interest, being 56 s. yearly, 
inde 14 L for 1669, 1670, 1671, 1672, and 1673, contained 
in Bond, 15 October 1661, by said deceased James Simpson 
to the pursuer ; bond produced, referred to defender's 
oath as to her intromission, and this day assigned but 
defender absent. 

Eodem die decerns George Moffet in Threipwood to pay 
to Archibald Moffitt there 8 1. for a boll of meal ' for 
quhich the said defender did sheir to the said persewer 
without meitt in harvest last ' ; referred to defender's 
oath, who deferred to pursuer, who deponed positive 
' that the defender promeised him payment soe soon as 
he maid use of his aun cornes.' 

Melrose, 22 November 1678 ; Mr. Robert Maine. 

Which day decerns Andrew Darling, portioner of 
Apletrieleaves, to pay to John Hislope in Galashiels 
21. 4 s. for cheese bought by defender from pursuer when 
his wife lay in her first childbed, and 27 s. for iron bought 
from pursuer about five years ago, deducting 6 s. for a full 
of oats received by pursuer from the defender's wife ; 
referred to defender's oath, who deferred to pursuer, who 
deponed positive ' and denyed he gott anie grasse in 
compensatione but the said full of oats ' ; superseding 
extract till pursuer finds caution. 

Eodem die decerns James Scott in Longshawmilne to 
pay to Andrew Merser, maltman in Darnick, 30 s. as 
balance of malt bought from the pursuer about two years 
ago, and 16 s. as the modified price ' of a sheitt seek 
quherin the malt was receaved ' ; defender absent ; 5 s. 
expenses. 



S50 MELROSE REGALITY RECORDS 

Eodem die decerns Andrew Merser, ' Pool!,' portioner 
of Darnick, to pay to Stephen Mertone there 10 merks 
* as the modified fie for the year that the defenders sone 
Andro Merser was to serve for meitt and fie to the per- 
sewer efter the expyreing of his prentiseshippe being in 
the prentices optione aither to tak or give the samyne ' ; 
referred to pursuer's oath, who deponed positive. 

Eodem die decerns Thomas Blaikie in Longhaughe to 
pay to Thomas Darhng, wright, portioner of Blainslie, 
15 I. 13 s. 4 d. borrowed from deceased Thomas Dariing, 
pursuer's father, and left in legacy to the pursuer conform 
to testament, 16 August 1662 ; which is produced, and 
defender absent ; 30 s. expenses. 

Melrose, 29 November 1673 ; Mr. Robert Maine. 

Which day decerns William Bell in Galtonside, and 
Hew Ormstone in Blainslie for his interest, to pay to 
James Moffitt in Drygrange 21 1. Scots due by the said 
Hew to the pursuer and arreisted in defender's hands ; 
William Bell confessed that Hew Ormstone ' hes ane 
ticket therfoir.' 

Eodem die decerns Andrew Halliwall, donator to the 
escheat of John Halliwall, ' Fair,' weaver in Galtonside, 
to pay to Margaret Ormstone, daughter of deceased 
Thomas Ormstone, portioner there, 8 I. of fee for serving, 
the said John Halliwall from Martinmas 1671 to Martinmas 
1672 ; defender absent, pursuer deponed ; 16 s. expenses. 

Eodem die decerns the same to pay to Margaret and 
Isobel Ormstone, daughters of Robert Ormstone, portioner 
in Galtonside, 11 1. 10 s. of fee and 55 s. for half a boll of 
bear of bounty for shearing of the corns that grew on 
the lands in Gattonside now possessed by said Andrew 
Halliwall, and 12 s. for drink to his shearers received 
from their said father ; defender absent, pursuers deponed ; 
32 s. expenses. 

Eodem die decerns John Bunzie, weaver in Newsteid, 



ST. BOSWELLS TEINDS 351 

to pay to Charles, Earl of Haddington, 12 1. due by him 
to Adam TurnbuU and arreisted for payment to the Earl 
of the byrun maills and duties preceding Martinmas 
1673 ; defender confessed. 

Eodem die decerns the following to pay to Mr. John 
Summerwaill, minister at St. Boswells, viz. David Unse 
in Lessudden, for 3 firlots of bear at 7 1. the boll, 5 1. 5 s. ; 
Thomas Unse, ' Goodluck,' there, for half a boll of bear, 
3 1. 10 s. ; George Gibsone there, for a firlot of oatmeal, 
three fulls of bear and a full of barley, 6 1. 14 s. ; Michael 
Gibsone there, for a firlot of bear, 11. 15 s. ; and Bessie 
Eistoun there, for a firlot of bear, 1 1. 15 s. ; defenders all 
absent. 

Eodem die decerns George Moffitt in Threipwood to pay 
to John Young there 10 1. as modified price of an ox of 
the pursuer's which the defender ' throw his negligence 
the day that it happened him to herd the beasts did lett 
droun in ane mosse holle ' ; proved by depositions of 
Andrew Achesone and Archibald Moffitt ; 20 s. expenses. 



Melrose, 6 December 1673 ; Mr. Robert Maine. 

Which day action by James Moffitt in Drygrange 
against Robert Pringle of Blindlie, who was owing 15 1. 
of fee to Janet Merser, wife of William Moir in Dudding- 
stoun, for services to the defender about ten years ago, 
and which debt the said Janet with her husband's consent 
assigned to the pursuer, 16 August 1673. Pursuer com- 
pearing by James Edgar his procurator, produced the 
assignation ; and defender compearing personally, with 
George Wallace his procurator, denied both the service 
and the condition, or if such service was rendered " it 
wes to his wyfe befoir her decease,' who undoubtedly has 
paid therefor, and in any case the defender cannot be 
liable to pay his wife's debts as he was neither heir, 
executor nor intromitter with her goods and gear ; and 
by an act of Parliament in King James vi.'s time all 
actions of debt for house maills, servant's fees, merchant 



352 MELROSE REGALITY RECORDS 

accounts, etc. not founded upon written obligations are 
prescribed within three years, otherwise the creditor 
can have no action except he prove the debt by writ or 
by oath of party. Pursuer referred to defender's oath, 
who being asked if he promised payment and offered a 
boll of bear to the pursuer's wife deponed that he promised 
a boll of bear to her ' upone ane assignatione to his sones 
debt, quhich the defender's wyfe refoused, and that he 
never promeised payment of the fie lybilled ' ; so absolves. 

Eodem die decerns Andrew Merser alias Windie, por- 
tioner of Darnick, to pay to Thomas Bowie, portioner of 
Melrose, 58 s. 4 d. as balance of the maills and duties of 
certain yards in Darnick set by the pursuer to the defender 
these three years bygone at Whitsunday 1673 ; defender 
confessed ; 6 s. expenses. 

Eodem die absolves Alexander Weyman, tailor in Dar- 
nick, from action by Andrew Merser, ' Pooll,' portioner 
there, for 2 1. 10 s. for ' ane soumes grasse ' set by him 
to defender in 1672 ; referred to defender's oath, who 
deponed negative. 

Eodem die decerns John Wright, servitor to Andrew 
Mar, portioner of Galtonside, to pay to Andrew Chisholme, 
portioner of Darnick, 7 1. of fee, 36 s. for 2 ells of gray, 
24 s. for hose and shoes, for which the defender was hired 
to serve the pursuer, Whitsunday to Martinmas 1673, 
but the defender did not enter home to the pursuer's 
service, who ' was frustrat of ane servant.' Defender 
absent. 

Eodem die decerns Andrew Halliwall, donator to escheat 
of John Halliwall, Fair, weaver in Gattonside, to pay to 
James Laidlaw in Ridpethe 9 1. and half a boll of bear 
at 55 s. and a shirt at 20 s., and 24 s. for a pair of hose 
and shoes, as fee and bounty for serving said John Halli- 
wall from Whitsunday last to Martinmas last ; defender ' 
absent. 

Eodem die decerns John Leitheid, portioner of Melrose, 



SUNDRY DECREES 353 

to pay to Andrew Chishoime, portioner of Darnick, 
4 t. 10 s. as balance of price of sheep bought from pursuer 
about a month ago ; defender absent, pursuer deponed. 

Eodem die decerns Robert Mein alias Ranter in Galton- 
side to pay to John Sclaiter in Newsteid 11 1. 4 s. borrowed 
from the pursuer's deceased wife, Agnes Sklaiter, about 
three years ago, of which the defender promised payment 
since her death ; referred to defender's oath, who deferred 
to pursuer, who deponed positive. 

Eodem die decerns John Wallace, son of William Wallace, 
portioner of Melrose, to pay to William Wright, smith in 
Galtounside, and Isobel Boustoun his spouse 40 s. for ale 
bought from the pursuer's wife ; defender absent. 

Eodem die decerns Andrew Halliwall, donator to John 
Halliwall's escheat, to pay to Janet Halliwall ' the Nook ' 
there (in Gattonside) 6 1. of fee and 2 merks for a firlot 
of bear in bounty as balance of what said John Halliwall 
promised her for shearing his corn in harvest ; defender 
absent, pursuer deponed ; 16 s. expenses. 

Melrose, 13 December 1673 ; Mr. Robert Maine. 

Which day decerns James Ushar in Williamlaw to pay 
to John Fishar and Andrew Merser, maltmen in Darnick, 
9 L 16 s. for seed oats bought from them about March 
last ; defender absent, pursuers deponed ; 20 s. expenses. 

Eodem die decerns Andrew Halliwall [donator as above] 
to pay to John Bunzie in Melrose and Isobel Lidderdale 
his wife 12 1. 7 s. 6 d. for 18 gallons 4 pints and a chopin 
of ale furnished by them to John Halliwall when he was 
in prison, and to pay to Thomas Bunzie, son of the said 
pursuers, 2 J. 14 s. for tobacco furnished by him to the 
prisoner ; defender absent, decerns upon the oaths of 
Isobel Lidderdaill and Thomas Bunzie ; 24 s. expenses 
of plea, ' and 6 s. to the said Thomas.' 

Eodem die decerns Margaret and John Leitheid in 
Melrose to pay to John Halliwall, elder, maltman in 

VOL. II. z 



354 MELROSE REGALITY RECORDS 

Gattonside, 7 1. 10 s. as balance of price of malt bought? 
from pursuer about a year ago ; defenders absent ; 16.s. 
■expenses. 

Eodem die decerns Andrew Halliwall [donator as above] 
to pay to Archibald Frier, wright in Gattonside, 16 s. for 
4 threaves of barley bear straw at 4 s. the threave, and 
4 s. 6 d. of an old account, and 4 s. ' for ane muck graipe,' 
and 2 s. for ' a pare of hannes,' and 6 s. for half a pound 
of tobacco, and 12 s. for ' ane extrie to ane cairt,' and 
8 s. ' for boddome rungs to ane cairt with the making upe 
of the cairt bodie,' and 4 1. ' for the said John his wifes 
kist.' Defender absent, pursuer deponed, decerns ' for 
6 1. 16 s. 10 d. of haill,' and 14 s. expenses. 

Eodem die decerns the same to pay to John Wallace 
in Drygrange 10 1. of fee and 3 1. 4 s. of bounty for serving 
John Halliwall ' Fair ' from Martinmas 1672 to Whit- 
sunday 1673 ; defender ' presentt,' decerns jur amenta 
actoris I 30 s. expenses. 

Eodem die decerns the same to pay to John Merser in 
Gattonside 21 1. 5 s. 8 d. of fee and 45 s. for 2 ells of gray, 
for service by the pursuer to John Halliwall ; defender 
' could say nothing in the contrair ' ; 2 1. 8 s. expenses. 

Eodem die decerns James Fiergreive in Hagburne to 
pay to John Fisher and Andrew Merser, maltmen in 
Damick, 7 1. for bear bought from the pursuers about 
May last ; defender absent, decerns upon the oath of 
John Fisher ; 16 s. expenses. 

Eodem die decerns James Turnbull, portioner of New 
toun, to pay to John Penman, portioner of Melrose, 4 1. 
13 s. 4 d. for a stone of lint bought from the pursuer two 
years ago, and 2 1. 14 s. for ' ane coat of gray and making 
therof ' ; defender confessed, but alleged the term of 
payment ' was not yet come untill seid tyme,' which 
pursuer referred to his oath, who deferred to the pursuer, 
who deponed positive, ' that it wes at newcorne last by- 
past ' ; 14 s. expenses. 



BOUER V. BOUER 353 

Eodem die decerns Andrew Merser, ' Pooll,' portioner of 
Ts)arnick, to pay to John Penman, portioner of Melrose, 
8 1. for seed oats bought from the pursuer about March 
1672 ; defender absent, pursuer deponed ; 18 s. expenses. 

Melrose, 20 December 1673 ; Mr. Robert Maine. 

Which day decerns James Bouar, farmer in Eildon, to 
pay to James Bouer in Newmainse of Danzeltoun 10 1. 
. for feu duty of half a husband land in Eildon pertaining to 
the pursuer and possessed by defender these three years 
past ; also 4 1. ' for teilling of faughe ' ; 3 1. 7 s. 6 d. * for 
kayne and cariadg ' ; in all 17 1. 7 s. 6 d. Scots ; defender 
absent ; 2 1. expenses. 

Eodem die decerns the following to pay to James Bryden, 
son of Thomas Bryden, herd in Blainslie, and his father 
for his interest, viz. John Sounhouse, portioner of Blainslie, 
1 1. 2 s., James Sounhous there, 18 s., James Greive, son 
of John Greive there, 1 1. 16 s., John Davidsone there, 2 1. 
5 s., and John Darling there, 18 s., extending to 6 1. 19 s. 
of fee for herding their sheep in summer last ; defenders 
all absent ; 18 s. expenses. 

Eodem die decerns Andrew Halliwall, donator to escheat 
of John Halliwall, ' Fair,' weaver in Gattonside, to pay to 
William Wallace, merchant in Melrose, 2 1. 15 s. 6 d. ' for 
the funeralls of Aliesone Boustoun, spouse to the said John 
Halliwall, delinquent, and other necessares furnished be 
the persewer to the delinquent ' ; defender present, ' knew 
nothing of it,' decerns juramenta actoris ; 6 s. expenses. 

Eodem die decerns the same to pay to William Cuth- 
bersone in Cruikstone 7 1. of fee for serving John Halliwall 
from Whitsunday to Martinmas 1673 ; defender present, 
' knowing nothing of it,' decerns jur amenta actoris ; 16 s. 
expenses. 

Eodem die action by Charles, Earl of Haddington, herit- 
able proprietor of the lands of Danzeltoun, and James 
JEdgar, procurator fiscal of the regality of Melrose, for his 



356 MELROSE REGALITY RECORDS 

interest, against John Penman, portioner of Melrose, who 
in 1672 at his own hand and without license from the 
pursuer did ' break the ground of the saids lands of Danzel- 
toune, hoik and win stones ther, intromet with the samyne 
and bring them away,' damnifying the pursuer to the 
extent of 100 1. Scots ; and he ought also to be fined. 
James Edgar compearing for himself and as procurator 
for the Earl, and defender compearing personally, the 
pursuer adduced several witnesses, who all deponed 
negative, ' that they never saw the said defendar hoik, 
winn, intromet with and away take stones from of the 
ground of the saids lands ' ; so absolves. 

Melrose, 27 December 1673 ; Mr. Robert Maine. 

Which day decerns James Patersone, heir to deceased 
James Patersone in Westhoiises, to deliver to William 
Adamsone, son and heir of deceased Andrew Adamsone in 
Harpertoune, ' ane standing bed, ane pott and clipps, tua 
kists, ane meikle wheill, ane skaip, ane stand, ane tubb, ane 
cruik, ane pare of toungs, ane trie stoup, and ane stooll, 
ipsa corpora, quhich wer the plenishing of his said umquhill 
father and wer left in the said defenders umquhill father 
his house.' James Waugh [sic] denied the whole claim, 
but pursuer proved same by depositions of William Mertone 
and Robert Sheill. 

Eodem die decerns Thomas Milds, weaver in Galtonside,, 
to pay to Andrew Halliwall, donator to escheat of John 
Halliwall, ' Fair,' weaver in Galtonside, 6 1. ' for working 
and teilling of ane aiker of land to James Leithan, for 
quhich the said defender become cautione to the said John 
Halliwall.' Defender confessed ' that he promeised to sie 
it payed.' 

Eodem die decerns James Patersone, heir to deceased 
James Patersone in Westhouses, to pay to Margaret Burne 
there 10 1. borrowed by defender's father from the pursuer ; 
proved by William Mertone and Andrew Richie, witnesses ; 
26 s. expenses. 



MEIN V. KERRS 357 

Melrose, 3 January 1674 ; Mr. Robert Maine. 

Which day decerns James and Helen Kerr in Melrose to 
pay to John Mein, maltman, portioner of Newsteid, 8 1. 
6 s. 8 d. paid by the pursuer for the defenders to Mr. Robert 
Main of Lochwood, contained in a subscribed account 
dated 5 December 1673 ; also 41. Is. 2d. as balance of 
price of malt bought from the pursuer, also in a subscribed 
account dated 28 November 1673 ; accounts produced, 
defenders absent ; 28 s. expenses. 

Eodem die decerns John and Margaret Leitheid in 
Melrose to pay to William Ker, bailie in Galashiels, 6 1. 8 s. 
for 8 fulls of malt bought from the pursuers last Michael- 
mas ; John Leitheid confessed. 

Eodem die decerns John Fiergreive in Melrose to pay to 
John Cochran, herd in Chankwellhous, 2 1. of fee ' wrought 
be Marie Cochran, daughter to the said persewer, to the 
said defender from Mertinmas 1672 to Witsunday 1673 ' ; 
defender absent, decerns juramenta actoris; 6 s. expenses. 

Eodem die decerns William and Patrick Lukupe in Melrose 
to pay to Andrew Chisholm, portioner of Darnick, 55 s. 
each, due by them to John Leitheid in Melrose and arreisted 
at pursuer's instance ; defenders confessed. 



Melrose, 10 January 1674 ; Mr. Robert Maine. 

Which day decerns William Wallace, weaver in Melrose, 
and Janet Merser his spouse, to pay to Andrew Halliwall, 
donator to escheat of John Halliwall, weaver in Gattonside, 
6 1. 14 s. owing by them to said John and contained in an 
account left by him ; referred to defenders' oaths, who 
refused to depone ; 16 s. expenses. 

Eodem die decerns Andrew Leyes in Wouplaw to pay to 
George Blaikie in Galashiels 5 1. as the balance of a greater 
sum, ' for quhich haill soum the said persewer gave him a 
discharge conditionally that* the said defender sould pay 
him the said fyve pounds money forsaid ' ; referred to 



358 MELROSE REGALITY RECORDS 

defender's oath, who deferred to pursuer, who deponed 
positive ; 13 s. expenses. 

■Eodem die decerns William Wilsone in Longhaughe ta 
pay to George Blakie, merchant in Galashiels, 4 1. 4 s. ' as 
the agried price of ana half pled bought and receaved be 
the defender from the persewer in John Patersones loft ther 
about Mihillmes last ' ; defender absent, pursuer deponed ; 
10 s. expenses. 

Eodem die decerns Thomas Bryden, herd in Blainslie, to 
pay to Thomas Watsone there 2 1. 13 s. 4 d. for a firlot of 
oatmeal bought from pursuer at Lammas last ; defender 
absent, decerns ' upone the officers assertione.' 

Eodem die decerns George Gibsone in Lessudden to pay 
to George Pringle there 4 1. 10 s. for a boll of teind oats, 
and 2 1. 6 s. 8 d. ' for teind wheit peise and viccaradge,' 
and 3 1. for ' the remain of beir,' and 14 s. 8 d. for carriages, 
extending to 10 L 11 s. 8 d., crop and year 1672 ; defender 
confessed ; 20 s. expenses. 



Melrose, 17 January 1674 ; Mr. Robert Maine. 

Which day decerns John Leitheid in Melrose and Mar- 
garet Leitheid his spouse to pay to Mark Kyll in Lessudden 
11 1. 5 s. Scots as balance of price of 9 double fulls of malt 
bought from the pursuer about eight months ago ; defenders 
alleged the pursuer received 9 s. sterling, and referred to 
his oath, who declared they were justly owing him what is 
claimed ; 24 s. expenses. 

Eodem die decerns James Waughe in Newmainse to pay 
to Thomas Halliwall, weaver in Gattonside, 71. 6 s. 8 d. 
promised by him to the pursuer ' for cureing of umquhill 
James Patersone, elder, weiver in Westhouses, his lege ' ;. 
defender confessed ; 18 s. expenses. 

Eodem die decerns Thomas Uns in Lessudden to pay t& 
George Pringle there 7 1. 10 s. for bear bought by the 
defender from Andrew Riddell, servitor to the pursuer^ 



CARRIAGE OF FRUIT 859 

wJiich debt the said Andrew assigned to Pritigle ; defender 
absent ; 10 s. expenses. 

Melrose, 24 January 1674 ; Mr. Robert Maine. 

Which day decerns George and Andrew Mertone, por- 
tioners of Melrose, to pay to Andrew Penman, portioner 
there, George the sum of 5 1. 1 s. for his part of the pursuer's 
fruit growing in his yard, and Andrew 5 1. 1 s. for his part 
thereof, bought by them from the pursuer in 1673 ; also 
the said George Merton is addebted to the pursuer 24 s. 
as the third part of 3 1. 12 s. due by William Crosart [sic] 
in Jedburgh to the pursuer and intromitted with by the 
defender ; item, more for the pursuer's ' horse cariadge ' 
to Jedburgh, 10 s. ; item, ' more for another cariadge fruit 
delyvered be the said persewer [to] Chrestin Turnbull in 
Jedbrugh at the said George his directione, 10 s. Scotts ' ; 
extending to 7 1. 7 s. George Merton absent, held as con- 
fessed ; Andrew Merton present, confessed. 18 s. expenses 
payable by the former, 12 s. by the latter. 

Eodem die decerns Robert Wright, smith in Ladopmoor, 
to pay to Andrew Lythgow, brother german to Alexander 
Lythgow of Drygrainge, 4 1. 10 s. of principal, disbursed by 
the pursuer for procuring a suspension at the pursuer's 
[sic] instance against Charles and Thomas Watson in 
Eister Longlie ; defender absent ; 10 s. expenses. 

Eodem die action of declarator at instance of Charles, 
Earl of Haddington, as superior, against John Edgar, 
eldest lawful son and apparent heir of deceased James 
Edgar, younger, in Melrose, who was eldest lawful son of 
deceased John Edgar, portioner there, and his tutors and 
curators if any be, narrating that the pursuer and his 
predecessors and authors feued to the said John Edgar's 
predecessors and authors six acres of land in the Annay 
of Melrose for payment yearly of six bolls of bear between 
Yule and Candlemas and six capons at Pasch, with this 
condition that if two terms ran into a third unpaid the feu 
charter should lapse without need of declarator or process 



860 MELROSE REGALITY RECORDS 

of law, as is expressed in the Contract of feu between de- 
ceased Thomas, Earl of Haddington, and the whole feuars 
of the Annay of Melrose, dated 11 and 12 September and 
3 October 1619. The defender has suffered three terms to 
)nn together unpaid, and so the pursuer ought to be 
decerned to enter and possess the said subjects. Pursuer 
compearing by James Edgar his procurator, and defenders 
absent, the bailie decerns conform to the summons. 

Melrose, 31 January 1674 ; Mr. Robert Maine. 

Which day decerns Patrick Lukupe, and John and 
Margaret Leitheid, for their interest, to pay to Margaret 
Lythgow, wife of James Eillies of Huntlywood, 5 1. princi- 
pal and 12 s. expenses in decreet, 13 December 1673, at 
pursuer's instance against said John and Margaret, and 
arreisted in defender's hands ; defender confessed he was 
owing the same to them. 

Melrose, 7 February 1674 ; Mr. Robert Maine. 

Which day action by Marion Leyes, widow of James 
Clapertone in Darnick and now spouse to Andrew Merser 
' PooU ' there, against James Clapertoun, son of said 
James, and co-executrix with said Marion confirmed to 
the defunct, for intromitting with the whole goods and 
gear and debts and refusing to reckon and pay to her 
her proportion thereof, and produce the testament. 
Pursuer, and her husband for his interest, compearing 
personally, with James Edgar their procurator, and the 
defender compearing personally, with John Bunzie his 
procurator, the latter declared that by consent of parties 
the goods and debts in the testament were referred to 
four neutral persons who chose an oversman and divided 
the same between the parties, and this was proved by 
Walter Ushar, John Fisher, maltman, Andrew Renneld- 
sone, and Andrew Merser, merchant, portioners of Darnick, 
who all deponed positive that the testament was produced 
and they parted all the goods and gear equally between 



' ANE LITLE RUCK OF AITS ' 361 

the said pursuers and the said defender ' except ten hogs 
and the comes to pay James Eillies of Hunthewood, and 
did take away all claiges, claimes and differences betuixt 
the saids parties, and that the saids parties promeised 
they sould discharge ane another the weik efter, and 
alsoe that they saw the goods delyvered and that the 
saids parties gave ther hands one to another befoir them 
that they sould stand to quhatsumever things the for- 
saids indifferent persones sould doe.' Absolves ; 4 merks 
expenses. 

Eodem die decerns George Pringle, portioner of Les- 
sudden, to make forthcoming to John Coat there 'ane 
litle ruck of aits ' pertaining to Janet Brotherstaines 
there and arreisted upon a registered Bond, dated 5 July 
1673 ; defender confessed. 

Eodem die decerns Thomas Huntar, younger, portioner 
of Lessuden, to pay to Mr. John Summerwaill, minister 
at St. Boswells, 13 1. 6 s. 8 d. for his teind oats, 1671 and 
1672 ; defender absent ; 28 s. expenses. 

Eodem die decerns William Pringle in Blainslie to pay 
to Patrick Wallace there 6 1. for 4 sheep sold by the 
pursuer to him at Yule last, and absolves from the rest 
of the libel ; because defender confessed the 6 1. and 
deponed there were several sums owing by the pursuer 
to him compensating the rest of the claim. 14 s. expenses. 

Eodem, die decerns Andrew Drummond in Darnick to 
pay to John Thomsone in Ridpeth 6 1. 4 s. borrowed by 
deceased John Drumond, his father, and as the balance of 
a greater sum contained in Bond by said John Drummond 
to the pursuer ; also 2 1. 9 s. 2 d. paid out by the pursuer 
for the defender to the Earl of Haddington's chamberlain 
for a term's maill of the defender's two acres of land in 
Darnick called Lairdsland ; and 13 s. for certain byrun 
maills. Referred to defender's oath, who deferred to 
pursuer, who deponed positive ; 18 s. expenses. 



362 MELROSE REGALITY RECORDS 

Melrose, 14 February 1674 ; Andrew Mar, portioner 
of Gattonside, bailie-depute fro tempore. 

Which day decerns Andrew Halliwall, donator to Joha 
Halliwall's escheat, to pay to Margaret Waughe, spouse 
to James Lamb in Melrose, 21. 2 s. 4 d. for meat and 
drink and other necessaries furnished be the pursuers to 
the said John Halliwall in prison. Defender ' knew no- 
thing of it ' and referred to pursuer's oath, who deponed 
positive ; 6 s. expenses. 

Melrose, 28 February 1674 ; Andrew Mar. 

Which day complaint by Mr. John Lythgow, portioner 
of Ridpeth, against Thomas Turner, John Haitlie, James 
Mosse, John Andersone, John Thomsone, James Rodger,^ 
James Gairner, William Andersone, Thomas Watsone^ 
William Turner, Thomas Milne, John Cairncroce, John 
Broun, farmer, John Cairncroce, ' Hellens John,' Andrew 
Cairncroce, Alexander Govenlock, John Sheill, John 
Mein, George Christie, William Bell, John Thomsone,. 
and John Huntar, indwellers in Ridpeth, who daily 
without his license cut down and remove the pursuer's 
growing timber and broom on his lands in Ridpethe, to 
the extent of 100 1. damage. The bailie prohibits them 
' from any farder wronging his timber and broom,' under 
the penalty of 6 s. 8 d. for each transgression, ' by and 
attour the pryce of the timber soe taken away.' Several 
of the defenders compearing consented, and those absent 
were held as confessed. 



Melrose, 7 March 1674 ; Andrew Mar. 

Which day decerns James Mein in Eildon to pay to 
Alison and Marion Mein, only children of deceased Thomas 
Mein, portioner of Eildon, and John Miln and Thomas 
Mein, their tutors, 48 1. contained in Agreement betweeSi 
the parties, 21 February 1674, produced by both parties 
in order that decreet might be interponed ; and George 



PAYMENT OF FEU-DUTY 363 

Wallace, procuraitor for the pursuers, took instruments 
that the agreement should not prejudge the pursuers ' of 
any lands or others belonging to ther said umquhill 
father and quherin he died last vest infeft and seased.' 

Eodem die decerns James Bulman, indweller in Cames- 
toun, to pay to John Whyte there 7 1. 13 s. 4 d. for a 
harvest fee wrought for by the pursuer to the defender 
in harvest 1673, and 3 s. per day for nine days' work about 
Michaelmas last, and 18 s. for casting divots, and 8 s. 
' for casting of turfs and a load of peitts and a copfull 
of hempseid,' and 4 s. ' for casting winning and laying 
one the divots one the defenders house,' and 12 s. ' for 
ane axe borrowed be the defender from the persewer 
and undelyvered again ' ; total, 11 1. 2 s. 4 d. Defender 
absent, pursuer deponed ; 26 s. expenses. 

Eodem die decerns George Mein in Galtounsyde to pay 
to Andrew Mar,^ portioner there, 31. 15 s. for half a boll 
of bear due to the pursuer ; defender absent, held as 
confessed. 

Eodem die action by John Uns, tailor in Lessudden, 
against John Thorbrand, portioner there, and Katherine 
Riddell, his mother, narrating that the pursuer ' hes ane 
house and yeard holden of the said defender be vertew of 
ane dispositione maid and graunted be Walter Uns, som- 
tyme in Neucastle, to the said persewer, for yeirly payment 
to the said John Thorbrand, defender, of the soum of 
3 s. 4 d. Scots money of few deuty yeirly ' ; and whereas 
the pursuer has made payment to the defenders of this 
feuduty yearly preceding Martinmas 1673, they refuse 
to grant him discharges therefor. The pursuer com- 
pearing personally, with John Bunzie his procurator, 
and the defenders compearing personally, with William 
Lythgow and James Edgar their procurators, the pursuer's 
procurator produced the following writs for instructing 
the process : — 1. Disposition by James Huntar, weaver 
in Lessudden, with consent of John Thorbrand called of 



' This would make the bailie both judge and party. 



S64 MELROSE REGALITY RECORDS 

the Kill there, his immediate superior, to Walter Uns 
there, and his heirs and assignees, of that little house and 
yard adjacent thereto sometime pertaining to deceased 
Mungo Thorbrand there, for yearly payment of 40 d. to 
the said John Thorbrand ; dated 24 January 1624 ; 

2. Sasine of Walter Uns thereupon, 11 February 1624 ; 

3. Disposition by said Walter Uns to the pursuer, of the 
same, 4 April 1642 ; 4. Discharge by James Thorbrand 
to the pursuer, 17 May 1645. The pursuer is ordained to 
produce his active title to the house and yard, and give 
his oath of calumny, both which he did, and offered to 
prove payment of the feu-duty, and at the third term of 
probation in place of further proof referred the same to 
the defender's oaths, who deferred to the pursuer ' whither 
or noe he payed the few lybilled to her since her husbands 
deathe preceiding Mertimes 1673,' who deponed positive 
and that he is owing to the defenders only 8 s. 4 d. preced- 
ing that term. The bailie ordains the defenders to grant 
a sufficient and formal discharge for all terms preceding 
Martinmas 1672, and absolves the pursuer from further 
liability for bygones. 

Melrose, 21 March 1674 ; Mr. Robert Main. 

Which day decerns John Greive, portioner of Blainslie, 
and Bessie Pringle there, to pay to James Fishar of 
Clackmae, the former 21. 8 s. as balance of a greater sura 
for the maUl of his lands in Blainslie ' except a quarter of 
land,' and the latter 7 1. for the said quarter of land, 
crop 1673 ; defenders absent ; 12 s. expenses by Greive, 
20 s. by Pringle. 

Eodem die decerns James Smyth, herd in Sorrolesfeild, 
to pay to James Fishar of Claikmae 191. as balance of 
price of 10 ewes bought from pursuer at Whitsunday 
last ; defender absent, decerns on the officer's assertion 
of the defender's confession ; 3 1. expenses. 

Eodem die decerns Andrew Cairncroce of Wester Longlie 
to pay to Mr. Thomas Byris, schoolmaster at Melrose, 



SHEEP FOR THE FLESHER 365 

18 s. for the pursuer's reader fee, 1672, and 2 1. 18 s. for 
1673 ; defender absent ; 10 s. expenses. 

Eodem die decerns William Livingstone, sometime in 
M'Mirrie, now in Blainslie, to pay to James Tulie in 
Ersilton 6 1. 18 s. 4 d. of principal and expenses contained 
in Decreet before the Commissary of Lauder, 12 March 
1672, ' he being now within the said regality and without 
the said comisariot.' Defender alleged payment made^ 
and referred to pursuer's oath, who deponed negative ; 
18 s. expenses. 

Eodem die action by Michael Gibsone, flesher in Melrose, 
against James Waugh in Newmainse, narrating a bargain 
between them ' for the number of thriescoir sheip, and 
the said defender sould have delyvered the same to the 
persewer upone demand, the said persewar paying the 
said defendar for the first ten at the delyverie of the 
second ten, and sould have done untill the delj^erie of 
the last ten, and notwithstanding of the said defender 
his promeise maid to the said persewer, quhen the per- 
sewar sent for ten of the said defenders sheip and the 
persewar payed the said defender for bygones he refoused 
to delyver anie to the said persewar, qiihich sheip that 
was undelyvered the said persewar might have maid 
seall of long befoir now, quhich is to the said persewar 
his great prejudice and skaithe, quherby he was damnified 
in the soum of 4 lib. Scotts for each day of sex mercat 
dayes in Gallasheills and Melrois quher he intended to 
have killed and vented the same in ' ; and not content 
herewith, the defender did maliciously obtain an arreist- 
ment of all debts owing to the pursuer in the toun of 
Melrose ' both for fleshing and other things quhich wer 
and are undelyvered be the persewar, and siclyke caused 
arreist 23 sheip that was bought be the said persewar 
from the said defendar quhich wer and are undelyvered 
be the defendar to the persewer and are still in the said 
defendar his custodie in the lands and ground of Danzel- 
tone, quhich the said defender cannot deny, quhich are 
to the said persewer his great prejudice, losse and skaithe. 



366 MELROSE REGALITY RECORDS 

and to his uter wreake and ruine, the lyke quherof was 
never practised heirtofoir ' ; and though often desired 
thereto, the defender refuses to dehver the sheep and 
loose the arreistments. Pursuer compearing personally, 
with George Wiallace his procurator, and defender com- 
pearing, with James Edgar his procurator, the latter 
denied the claim ' as it is most wickedly lybilled and 
persewed,' as he never refused to deliver 20 sheep upon 
payment of the first 10, and he never arreisted any sums, 
though he had just cause, the pursuer having received 
20 sheep that he has not paid for ; and craves the pursuer's 
oath of calumny. The pursuer denies that he received 
' tuentie sheip, ten efter ten, conform to the last conditione 
maid betuixt the said persewer and the said defendar in 
presence of the said baillzie in the place of Melrois and 
in presence of George Blaikie, officer, and James Leithan 
in Gaitounsyde, about the tuentie sext day of December 
last ' ; and will give his oath of calumny if the defender 
swears he requires it not out of malice but to discover 
the truth. The bailie refers to pursuer's oath whether 
or not he has received 19 sheep unpaid for, who depones 
' he only had received 7 sheip of the 19 sheip, and that 
he nor never anie for him receaved any from the said 
defender or frae any others in his name but only seven.' 
The bailie ordains the pursuer to pay to the defender 
9 1. 12 s. resting of the price of 7 sheep at 37 s. apiece, 
and absolves from the rest. 



Melrose, 11 April 1674 ; Mr. Robert Maine. 

Which day absolves Robert Blaikie in Butterholl from 
action by George Pringle in Ersiltoun, narrating that the 
defender, while herd to the pursuer from Whitsunday 
1671 to Whitsunday 1672 when the pursuer dwelt in 
Colmsliehill, through his negligence lost to the pursuer 
seven old sheep, at 2 1. 13 s. 4 d. the piece, extending to 
181. 13 s. 4 d. ; referred to defender's oath, who deponed 
negative ' that ever the persewar delyvered anie sheip 
to him or that he lost any.' Absolves. 



ACTION re REMOVAL 36T 

Eodem die action by James Mein in Coldonknowesbyres 
against Robert Bunzie, mason in Newsteid, whom he 
warned at Pasch 1672 to remove at Whitsunday 1672, 
but who finding that the pursuer would prevail in his 
action came and agreed with him ' for the houses and 
yeards in Neusteid ' for the year, Whitsunday 1672 to 
Whitsunday 1673, promising 121. at Candlemas 1673 ; 
and as yet he refuses to pay this sum. Pursuer compear- 
ing, with James Edgar his procurator, and defender com- 
pearing by George Wallace his procurator, the former 
produced the pursuer's sasine in the said subjects and his 
precept of warning. The defender denies taking the house, 
but asserts that the pursuer took off the locks of the doors 
and put on and locked up the houses with others, ' and 
keiped therin severall plenishing belonging to the said 
defendar, quherthrow he was necessitat to take another 
house at the said tyme to his prejudice.' The defender 
in place of further probation referred this to pursuer's 
oath, who deponed negative as to taking off and putting 
on the locks and keeping the plenishing ; so the bailie 
decerns the defender to pay 12 1. of maill and duty as 
claimed ; and 36 s. expenses of plea. 



Melrose, 18 April 1674 ; Mr. Robert Maine. 

Which day decerns Alexander Trotter of Easter Hous- 
byre to pay to John Mein, maltman, portioner of Newsteid, 
54 s. as the balance of two dollars borrowed from the 
pursuer about two years ago ; reserving action to the 
defender against the pursuer pro ut dejure for anything he 
disbursed for him. Defender confessed ; 6 s. expenses. 

Eodem die decerns John Scott in Gattonside to pay to 
Walter Scott of Gladswood 12 1. 15 s. for six firlots of wheat, 
at 8 1. 10 s. the boll ; defender confessed ; 30 s. expenses. 

Eodem die decerns George Rolmainhouse in Blainslie to 
pay to John Thin, portioner there, 12 1. 2 s. 8 d. borrowed 
from pursuer about a year ago ; defender absent, decerns 



368 MELROSE REGALITY RECORDS 

on the officer's assertion of defender's confession ; 36 s, 
expenses. 

Eodem die decerns Thomas Huntar, merchant in Melrose, 
to deliver to Alexander Maxwell, portioner of Melrose, and 
John Maxwell, his brother and factor, for his interest,. 
2 bolls of bear at 7 1. 6 s. 8 d. the boll ; because the de- 
fender alleged he passed from the bargain, and adduced 
William Andersone and George Blaikie, officer, who 
deponed negative to the exception. 

Eodem die absolves John Mein, maltman, portioner of 
Newsteid, from action by Robert Trotter, elder, portioner 
there, and Barbara Billies his spouse, for 8 1. as balance of 
a greater sum ' faithfully promitted be him to the said 
Robert Trotter persewer for subscryveing and consenting 
to ane woodsett right of some lands in Newsteid graunted 
be John Trotter, sone to the said persewer, in favors of the 
said John Mein ' ; referred to defender's oath, who deponed 
negative ' except the annualrent of 100 lib. a yeir quhich 
the persewer got therfoir.' 

Eodem die decerns James Lamb in Melrose and Margaret 
Waugh his spouse to pay to Thomas Huntar, merchant 
there, 4 1. for half a boll of bear bought from the pursuer 
about a month ago ; referred to defenders' oaths, who 
deferred to pursuer, who deponed ' he sold it to the said 
defender as he did to others and that he got 8 Kb. fra 
William Wallace and John Ker for it.' 4 s. expenses. 

Melrose, 25 April 1674 ; Mr. Robert Maine. 

Which day complaint by James and Nicol Bouar, 
portioners of Eildon, against John Vair, John Sklaiter, 
James Mein, John Quarrie, Thomas Mein, Robert Sklaiter, 
James Mein, Andrew Mein, George Lourie, James Robsone, 
Bartholomew Mein, James Bouar, farmer, Robert Leithan, 

Robert Midlemes,. James Caldwalles, and heirs of 

deceased James Huntar, portioner there, who ' dayly 
pasture and make rodds through the saids James and 



ANDERSONS v. LAIDLAW 369 

NicoU Bouares ther yeards in the said toun of Eildoun 
and break doun ther timber grouand therin and dykes 
diged about the samein.' Pursuers compearing personally, 
the defenders compeared by the said John Sklaiter and 
Thomas Mein, ' whoe alledged the saids compleaners 
dykes are not fenseible ' ; so the bailie ordained John 
Mein and John Miln, officers, to visit the dykes and yards 
and settle parties if possible, and report, who this day 
gave in their report dated 20th April 1674 that they went 
to the dykes and yards controverted between James and 
Nicol Bower ' and the rest ol the toun of Eildoune ' and 
found ' the yeards pastured and roded, quhilk aught not 
to be, and we find that James Bouar aught to keip ane 
herduall dyk.' The bailie grants ' ane act to the saids 
compleaners against all that sail pasture rodd or gaitt the 
yeards in all tyme heirefter for 6 s. 8 d. for ilk transgres- 
sione, they allwayes keiping ther dykes herdwall as ther 
nighboures doth.' 



Melrose, 2 May 1674 ; Andrew Mar, pro tern. 

Which day decerns James Laidlaw, sometime servitor 
to John Andersone, portioner of Ridpeth, and Alexander 
Anderson his brother, to pay to the said John and Alex- 
ander Anderson 6 s. for each day's absence ' for the space 
of ten dayes that he was out of ther service, and to enter 
home to them this night, or otherwayes to make payment to 
the saids persewers of the soum of 9 lib. Scotts of fie, ane 
new shirt pryce 13 s. 4 d., tua elnes of gray 2 1. 8 s., more 
ane par of stockings 12 s. and ane pare of shoes 12 s. of 
fie for quhich the said defender sould have served the said 
persewers from Mertimes last to Witsonday nixt, and of 
nyne shilling awand to the persewers wyfe for certane 
drink ' ; and absolves him from the rest of the libel. 
Defender alleged the said John Andersone ' putt him 
away by his shoulders,' and referred to his oath, who 
deponed ' the defender being loud with his father he putt 
him to the door and bad him speik what he lyked.' 

VOL. II. 2 A 



970 MELROSE REGALITY RECORDS 

Eodem die decerns Marion Trotter, widow of William 
Tait in Williamlaw, and James Usher there, each to pay 
to Peter Frater, merchant burgess of Edinburgh, 12 lib; 
Scots for two loads of tar bought by them from the pursuer 
on 6 August 1672 ; defenders absent ; 33 s. 4 d. expenses 
off each of them. 

Eodem die decerns John Winter, weaver in Galtonsyde, 
to pay to James Rodger, cordiner in Ridpeth, 44 s. for a 
meikle full of bear ; defender absent, pursuer deponed. 



Head Court, Melrose, 9 May 1674 ; Andrew Mar. 

Which day decerns Alexander Dalgleish in Quarrellhill 
to pay to William Mein, smith in Newsteid, 3 1. of fee for 
half a year's service, wrought by John Mein, the pursuer's 
brother, from Whitsunday to Martinmas 1673 ; defender 
absent, pursuer deponed. 



Melrose, 23 May 1674 ; Mr. Robert Maine. 

Which day decerns James Murray in Bridgend to pay 
to Walter Chisholm, merchant burgess of Selkirk, 3 1. 
7 s. 8 d. for lint and tobacco bought from the pursuer at 
Martinmas last ; defender absent, decerns on Andrew 
Chisholm the officer's assertion of defender's confession ; 
10 s. expenses. 

Eodem die absolves George Pringle in Lessudden from 
action by George Flaebairne in Ersiltoun, narrating that 
the defender and James Pringle his father bargained with 
pursuer for 10 bolls of bear at 6 L the boll, whereof the 
pursuer received only six bolls ; referred to defender's 
oath, who deponed ' he sold the said persewar ten boalls if 
he had it, but was to delyver noe more nor he had, and 
deponed ther was noe more in the stack but that quhich 
was delyvered, and that he never promeised to make upe 
ten boalles to the persewer.' 



' WEIYER WORK ' 371 

' Eodem die decerns Thomas and Andrew Lukup in Mel- 
rose, and John Kerr of Shaw, for his interest, to pay to 
Thomas Cochran, portioner of Newtoune, 5 1. 10 s. of 
principal and 11 s. expenses contained in decreet at pur- 
suer's instance against Ker, 16 August 1673, and arreisted 
in their hands ; defenders refused to depone, ' but confest 
they wer awand something to the said John Ker.' 



Melrose, 30 May 1674 ; Mr. Robert Maine. 

Which day decerns Marion Trotter in Williamlaw, and 
Andrew Drummond in Darnick for his interest, to pay to 
John Thomson in Ridpeth 8 1. 13 s. 4 d. of principal and 
18 s. expenses in decreet, 7 February last, at pursuer's 
instance against Drummond, and arreisted in defender's 
hands ; defender absent, decerns on assertion of Andrew 
Kennedy, ofiicer. 

Eodem die decerns Harry Wallace, smith in Melrose, to 
pay to James and Andrew Bunzie, weavers in Newsteid, 
31. 5 s. for ' weiver work ' wrought by them to him about 
two years ago ; referred to defender's oath [sic], and Andrew 
Bunzie, pursuer, deponed positive ; 6 s. 8 d. expenses. 

Eodem die decerns Andrew Halliwall, donator to escheat 
of John Halliwall, to relieve Andrew Mar, portioner of 
Gattonside, of the sum of 6 L as price of a boll of bear 
bought by said John on 1st July last * for quhich and for 
ane seek pryce and worth 40 s. James Steuart, fleshar in 
Kelsoe, becom cautione and obteaned ane decreitt against 
the said persewer as alledgitt intromitter with his said 
beir, with 40 s. of expenses of pley, befoir the comisar of 
Peibles and his deputts upone the 22 day of May instant.' 
Pursuer produced decreet and charge. 

' ' Eodem die, In presence of Mr. Robert Maine of Loch- 
wood, baUlyie deputt of the regalitie of Melrois, com- 
missionar nominated and appoynted be the commissares 
of Edinbriigh for takeing and receiving of the oathes of 
Andro, Thomas, David and James Lythgowes, laufuU 



372 MELROSE REGALITY RECORDS 

sones to umquhill James Lythgow of Drygrainge, in the 
actione and cause persewed be John Lythgow, wryter in 
Edinburgh, ane of the executors confirmed to the said 
umquhill James Lythgow, and as factor for the remanent 
executors confirmed to him, against John Rodger, wrji;er 
in Edinburgh, in the quhich actione the said John Rodger 
compeired with Mr. David Gray his procurator, by quhom 
it was alledged for the part of the said John Rodger,, 
defender, that he aught to have retentione of the soum of 
fiftie pounds dew be the said deceist James Lythgow to 
him, quhich the saids John, Andro, WUUam, David and 
James Lythgowes, executors forsaid to ther said umquhill 
father since his deceis acknowledged to be trew and 
promeised payment, conform to the said commissione 
direct be the saids comisares of the dait the tuentie day of 
May instant : Compeired personally the said John Lythgow 
for himselfe and as procurator for the remanent executors, 
compeired personally the said Thomas Lythgow, cetatis 
\sic\ maried and being solemnlie swome upone his great 
oath of veritie and interrogatt if the said John Rodger 
sould have retentione of the forsaid soum of fiftie pounds 
dew be the said umquhill James Lythgow his father to the 
said John Rodger and quhich he and the forsaids executors 
since ther said umquhill fathers deceise had acknowledged 
to be trew and promeised payment, deponed negative ; 
David Lythgow, present, cetatis 16, present, sworne and 
interrogat ut supra deponed negative, that he knowes 
nothing of it ; James Lythgow, present, cetatis 15, sworne 
and interrogat ut supra deponed negative ; and that this 
is the truith as they sail answer to God.' 

Eodem die decerns Thomas Hunter, merchant in Melrose, 
to pay to Margaret Wauch, wife of James Lamb there,. 
1 1. 9 s. 6 d. for meat and drink furnished to him ; defender 
denied, it is referred to his oath, who deferred to pursuer, 
who deponed positive. 

Eodem die decerns Robert Haden in ButterhoU, tenant 
to John Leyes in Whitlie, to pay to John Hislope, merchant 
in Galashiels, 5 1. for lint and other merchandise bought 



FISHER V. DARLING 373 

from the pursuer about three years ago ; defender absent, 
pursuer deponed ; 18 s. expenses. 

Eodem die absolves Thomas Darling in Blainslie from 
action by Andrew Fisher of Wester Housbyre, narrating 
that Fisher sold his corn, crop 1672, to the defender and 
others, he granting a disposition to them and they giving 
bond for the money, at payment whereof the bond was to 
be delivered up to them, and the defender was to give up 
the disposition. Referred to defender's oath, who deponed 
he has the disposition and gave it to his copartners, and 
being asked if he promised to give it up to the pursuer 
when he gave up the bond, deponed he was content to give 
it up if his copartners consented and not otherwise. The 
bailie finds this does not prove the libel, and absolves. 

Eodem die absolves Thomas Watsone, portioner of 
Blainslie, from action by Andrew Fisher of Wester Hous- 
byre, narrating that in February last the defender sold 
to him 2 bolls of malt at 7 1. 13 s. 4 d. the boll, and delivered 
one shortly thereafter, and was to deliver the other before 
1st March thereafter. The defender ' took instruments 
he consigned the pryce of the forsaid boalls and proved 
the samen sufficientlie be the depositione of severall 
famous witnesses.' 



Melrose, 6 June 1674 ; Mr. Robert Maine. 

Which day decerns John Coat, Eister, in Lessudden, 
to pay to George Pringle there 10 1. modified for a boll of 
seed bear due to the pursuer, or otherwise the bear itself ; 
referred to defender's oath if he promised payment, who 
refused to depone. 

Eodem die decerns James Usher in Williamlaw to pay 
to Thomas Haistie, burgess of Selkirk, 7 1. for a boll of 
bear bought from the pursuer in May 1673 ; defender 
confessed. 

Eodem die decerns Andrew Darling, portioner of Apletrie- 
leives, James Darling his brother there, and Andrew 



374 MELROSE REGALITY RECORDS 

Moffitt there, to pay to Mr. Thomas Byres, schoohnaster 
at Melrose, 3 1. 11 s. for his reader fee, Martinmas 1672- 
to Martinmas 1673 ; defenders absent. 

Eodem die decerns Francis Scott of Longshaw to pay to 
George Blaikie, portioner of Melrose, 60 1. ' of liquidat 
penultie incured be Margaret Blaikie in Bumbrae as 
partie faillzear to be payed to the said persewer as partie 
observer, conteaned in ane registratt minutted Agreement 
betuixt the said Georg and Margaret Blaikies on the ane 
and other parts,' and arreisted in the defender's hands ; 
defender absent. 

Eodem die decerns Robert Forsan in Newsteid and 
Rachel Duncan his wife to pay to Margaret Duncan, 
wife of John Mein, smith in Ridpeth, 12 1. as balance of 
25 1. left in legacy to the pursuer by deceased Patrick 
Duncan, cooper in Edinburgh, contained in his Testament, 
15 July 1662 ; of which the defenders offered to prove 
payment, but succumbed ; 30 s. expenses. 

Eodem die decerns William Fishar in Sorrolesfeild to 
pay to George Hey in Glaidswood 25 s. of fee preceding 
Whitsunday 1673, and six quarters of gray at 1 1. 10 s., 
and 3 1. due by Mr. James Daes, advocate, to the pursuer, 
for which the defender became debtor ; referred to de- 
fender's oath, who refused to depone. 

Eodem die decerns Robert Bunzie, mason in Newsteid, 
and John Bunzie his brother, for his interest, to make 
forthcoming to Alison Bunzie, widow of James Mein 
alias Tounheid, portioner there, and James, John, Thomas, 
William and Janet Mein, her lawful children, the annual- 
rent of 100 1. Scots payable out of the houses which the 
said Robert possesses, conform to Bond by the said 
John Bunzie thereanent. John Bunzie was content, and 
confessed that the houses were set with the burden of 
the said annualrent ; defender absent ; 14 s. expenses. 

Eodem die absolves George Moffitt in Threipwood from 
action by Helen Ker, indweller in Melrose, for 3 1. for 



A DEATHBED BEQUEST 375 

sugar and other necessaries furnished by the pursuer to 
deceased Agnes Hoy, the defender's wife, and the defender 
' is justhe restand to the persewer sex pittiecoatts, ane 
pare of plaids, ane gouen, fyve shirts, fjye buskings of 
heidcloathes, and tua pare of sleives, ane grein apron 
and ane hnnen aprone, left and promitted be the said 
umquhill Agnes one her death bed to the persewar ' ; 
referred to defender's oath, who deponed negative. 

Eodem die action by Alexander Maxwell, portioner of 
Melrose, against Helen . Ker there, for 22 1. as a year's 
maill and duty for his tenement and yard in Melrose 
possessed by her, Whitsunday 1673 to Whitsunday 
1674, payable twice yearly ; but she refuses to pay. 
Pursuer compearing by James Edgar his procurator, and 
defender compearing by George Wallace her procurator, 
defences repelled, and libel admitted to pursuer's proba- 
tion, who referred to defender's oath, who deponed 
negative ' that shee aither took a house from the per- 
sewer or promeised him payment of the maill lybilled ' ; 
so absolves. 



Melrose, 13 June 1674 ; Mr. Robert. Maine. 

Which day decerns James Usher in Williamlaw to pay 
to Andrew Mar, portioner of Galtonside, 7 1. 10 s. for 
half a boll of bear bought from the pursuer on 6th June 
instant ; defender confessed ; 15 s. expenses. 

Eodem die decerns Robert Ormstone, portioner of 
Galtonside, and Agnes Darleing his spouse, to pay to 
Andrew Mar, portioner of Gattonside, 5 1. 12 s. as balance 
of price of malt bought by them from him about Candle- 
mas last ; defender [sic] compeared and confessed ; 13 s. 
expenses. 

Eodem die decerns Andrew Mar, portioner of Galtonside, 
to pay to Andrew Chisholme ' 8 lib. 30 s.' [sic] for a firlot 
of bear and a pair of old hose due by him to John Wright 
his servant and arreisted at pursuer's instance for payment 



876 MELROSE REGALITY RECORDS 

of 10 1. principal and 20 s. expenses in decreet, 6 December 
1673, against Wright ; superseding execution till 1 Sep- 
tember next. Referred to defender's oath, ' whoe deponed 
positive.' 

Eodem die decerns James Usher in Williamlaw to pay 
to James Waugh in Newmainse 95 merks as the price of 
' 23 gimmares and ane outcomed hog ' sold by the defender 
to the pursuer between Yule and Candlemas, to be de- 
livered at Beltane last, wherein the defender failed; 
modified 4 merks for ' ilk gimmer and dunmond, and 
40 s. for the hogg.' Referred to defender's oath, who 
refused to depone ; 10 merks expenses. 



Melrose, 20 June 1674 ; Mr. Robert Maine. 

Which day decerns John Leyes in Whitlie, and Robert 
Haden in Butterholl, for his interest, to pay to John 
Hislope, merchant in Galashiels, 51. of principal and 
18 s. expenses in decreet, 30 May 1674, at pursuer's 
instance against Haden, and arreisted in defender's 
hands ; defender confessed ' a bed and cloathes was in 
his hands the tyme of the arreistment.' 

Eodem die decerns Robert Ormstone in Coblehouse and 
Robert Mertone there, in whose hands arreistment was 
made, and Robert and George Pringles of Blindlie for 
their interests, to pay to Charles, Earl of Haddington, 
and Mr. Robert Maine of Lochwood his factor 40 merks, 
in part payment to the Earl of a sum contained in decreet, 
15 November 1673, and arreisted in defender's hands ; 
defender [Ormstone] deponed he was owing 60 1. at the 
time of arreistment, ' and gave 50 merks for reparatione 
of the boatts and houses.' 

Eodem die decerns John Scott in Galtonside to give 
bond to Robert Wright in Ladopmoore for 21 1. for 3 bolls 
of oats bought from pursuer, payable at Martinmas next ; 
referred to defender's oath, who refused to depone. 



ACT OF NEIGHBOURHOOD 377 

Eodem die decerns Thomas Wilkiesone, clerk of Melrose, 
to exhibit and deliver to James Bunzie, weaver in New- 
steid, a Disposition, 29 January 1674, by John Broun, 
portioner there, ' of that yeard called Yonder yeard in 
Newsteid ' with pertinents ; and decerns said John 
Broune to give up a bond granted by the pursuer to him 
for 100 i. and accept of a bond for 100 merks dated as 
the Disposition and deposited with the clerk, and at his 
own expense to enter James Bunzie to the foresaid yard ; 
' because the said persewer proved the lybill sufficientlie 
by the depositiones of severall famous witnesses.' 



Melrose, 11 July 1674 ; Andrew Mar, pro tern. 

Which day decerns Robert Ormstone in Coblehouse 
to pay to George Blaikie, officer, 3 1. 13 s. 4 d. contained 
in a Precept subscribed by George Pringle of Blindlie 
' to be payed of the forend of the coble mailles,' dated 
26 June 1674, the pursuer always obtaining the consent 
of the Earl of Haddington or his factors, who arreisted 
the same ; defender content therewith. 

Eodem die complaint by George Pringle of Buckholme 
against James Edgar, portioner of Melrose, James Milne 
there, and Patrick Lukupe, portioner there, burlaymen, 
for themselves dnd on behalf of the remanent inhabitants 
of Melrose and Danzeltoun, narrating act of neighbour- 
hood obtained 11 October 1662 in the regality court 
against the foresaid inhabitants of Melrose and Danzelton 
' beiring that quhatsoever persone or persones, horse, 
nolt or other beists sould be apprehended therefter be 
the said George Pringle or any others in his name pasture- 
ing ther within his orchyeard eateing or carieing away 
his fruit or his fruit tries therin, to poynd and detein the 
samen persone and beast untill the said persone and 
auner of the said beist pay 6 s. 8 d. Scotts money for 
everie tyme and faillyie that they sould be apprehended 
ioties quoties at ther oun hands without any farder warrand'; 
and the complainer desired this act to be ratified. James 



378 MELROSE REGALITY RECORDS 

Edgar compearing for himself, and in name foresaid made 
no relevant objections, therefore the bailie interpones his 
decreet and authority to the said act. 



Melrose, 18 July 1674 ; Andrew Mar. 

Which day decerns Andrew Cairncroce of Wester 
Longlie to pay to John Kerr in Melrose 31 1. of fee for four 
and a half years' service wrought by him, and 3 eUs of 
gray at 16 s. the ell, and 2 shirts at 30 s., and 2 pairs of 
hose at 18 s., as bounty for the last year of the said service ^ 
defender absent, pursuer deponed ; 4 I. expenses. 

Eodem die decerns James Bouer, farmer in EUdon, to 
pay to John Mein, portioner of Newsteid, assignee of 
Janet Mein, widow of Alexander Usher, portioner of 
Melrose, 11 1. and 9 half firlots of bear, crop 1674, as 
balance of maill and duty of said Janet Mein's houses 
and yards in Eildoun, ' being possest be the said James 
these thrie yeirs bypast at Witsonday last ' ; defender 
absent. 

Eodem die action by Ephraim Wilkiesone in Lauder 
against Walter Cairncroce, fiar of Allanshaws, narrating^ 
that in September 1668 William Smyth, messenger in 
Lauder, was addebted to the pursuer 400 merks as balance 
of price of a tenement in Lauder bought by him from the 
pursuer ; and as Cairncross owed to Smyth 180 1. Scots of 
principal and 2 years' interest, he became debtor to the 
pursuer for the same and the interest thereof during 
nonpayment, and he has since renewed his promise in 
James Wood's house in Lauder before Oliver Sinclare 
and the said James Wood, and in John Hendersone's 
house in Lauder before the said Oliver Sinclare and 
John Notman in Threipwood, and in Robert Henderson's 
house before the said Oliver and Captain Ramsay's 
servitor, and has often asked the pursuer to prosecute*, 
so that the defender might sue for his relief. Both parties 
compearing, the defender denied the whole articles, which 



THREAVES OF BEARSTRAW 87^ 

pursuer referred to his oath, who deponed he never pro-" 
mised payment ' of any soumes of money but quhat he 
payed ' ; whereupon the bailie grants absolvitur. 

Eodem die action by Jean Bell in Longhaugh against 
George Turner in Calfhill, narrating that about four years 
ago they made a bargain for 20 threaves of bearstraw at 
7 s. the threave, ' and the said defender would not fuUfiU 
his said bargan to the said persewer and delyvered to the 
said persewer butt 11 thrave, and it being ane deir yeir 
shoe was prejudged in the soum of 4 lib. Scotts.' He 
ought to fulfil the bargain and make good the damage, 
but he refuses. Pursuer compearing by George Wallace 
her procurator, and the defender by James Edgar his 
procurator, the matter was referred to defender's oath 
who deponed ' he delyvered to the said persewer tua 
thrave of strae more nor he is payed for, and that he 
promeised to her the 9 thraves lybelled but shee come not 
to fetch it ' ; so the bailie absolves him, and decerns the 
pursuer to pay 13 s. 4 d. expenses to the defender. 

Eodem die Isobel Lythgow, wife of John Trotter of 
Eister Housbyre, judicially ratified and consented to a 
Contract of wadset between said John Trotter with her 
consent and that of Robert Trotter his father, on the one 
part, and Alexander Trotter, lawful son of the said Robert 
Trotter, on the other part, dated at Ersiltone, 23 November 
1666, disponing the said John's ' roum and lands of Eister 
Housbyre with houses bigings yeards moss mure wood 
pasturadge parts pendicles and haill pertinents of the 
samen quhatsumever with the teynds personadge and 
viccaradge therof,' under reversion [not stated]. Alexander 
Trotter thereupon took instruments. 

Melrose, 24 July 1674 ; Mr. Robert Maine. 

Which day decerns James Leyes in Colmsliehill to pay 
to George Pringle in Ersiltoun 41. 3 s. 4 d. for 6 firlots of 
oats and a peck of oats ' eaten and destroyed be the said 
defenders horse and other goods quhen the persewer 



380 MELROSE REGALITY RECORDS 

did flitt of the lands of Colmsliehill,' and comprised by 
two honest men. The pursuer deponed ' that his aun 
goods wer frie therof, and that he severall tymes appre- 
hended the said defenders goods therupone.' 

Eodem die absolves William Mudie, portioner of Darnick, 
from action by Mr. Thomas Byris, schoolmaster at Melrose, 
against him for on Sunday last intromitting with and 
taking away ' ane 3 lib. peace ' belonging to the pursuer 
' out of the persewers psalm book in the sessione house of 
Melrois ' ; referred to defender's oath, who deponed 
negative. 

Eodem die decerns George Haistie in Maxpople to pay 
to William Cairncroce of Hilslope 3 1. 13 s. 4 d. as balance 
of price of the teinds of Maxpople pertaining to the pursuer 
and possessed by defender, crop 1673; referred to defender's 
oath, who refused to depone ; 9 s. expenses. 

Melrose, 31 July 1674 ; Mr. Robert Maine. 

Which day decerns George Bairnfather in Ladopmoor 
to pay to John Pringle of Williamlaw 43 1. 3 s. 4 d. of bjrrun 
mail! and duty of the pursuer's lands in Williamlaw 
possessed by the defender about three years ago ; defender 
confessed. 

Melrose, 8 August 1674 ; Mr. Robert Maine. 

Which day decerns Patrick Lukupe, wright in Melrose, 
to pay to James Waugh in Newmainse 12 L in a Ticket 
by him to David Robsone, flesher in Kelso, who assigned 
on 31 January 1674 to James Usher in Williamlaw, who 
assigned on 13 July 1674 to the pursuer ; writs produced, 
defender absent. 

Eodem die decerns Thomas Lythgow, portioner of 
Melrose, to pay to William Bell, portioner of Galtounsyde, 
4 half fulls of bear, Roxburgh measure, borrowed from 
the pursuer at Martinmas 1671 to be repaid at seed time 
thereafter, or 5 1. 6 s. 8 d. as the modified price thereof 



ACT OF NEIGHBOURHOOD 381 

and 34 s. of protestation money allowed by the Sheriff 
of Roxburgh to the pursuer ; referred to defender's 
oath, who defers to pursuer, who depones positive ; 20 s. 
expenses. 

Melrose, 15 August 1674 ; Mr. Robert Maine. 

Which day, in complaint by James Waugh in New- 
mainse against James Bouar there, the bailie ordained 
both parties (with consent) to herd together as before 
' and to bring ther goods togidder to the fold and to foil 
and muck the ground and not seperatlie to fold nather 
to eat one anothers cornes,' under penalty of 6 s. 8 d. 
' for ilk transgressione of ilk beast ' ; this to stand as an 
act of neighbourhood. 

Eodem die decerns John Frater in Longhaugh to pay to 
James Haden in Galashiels 5 1. for some iron bought 
from him about four years ago ; referred to defender's oath, 
who deferred to pursuer, who deponed positive ; 14 s. 
expenses. 

Melrose, 22 August 1674 ; Mr. Robert Maine. 

Which day decerns Andrew Darling, portioner of Aple- 
trieleives, to pay to Robert Clerk, merchant in Gattonside, 
1 1. 15 s. for merchandise bought from the pursuer about 
two years ago, and 5 1. due by the defender to the pursuer's 
sister, Jean Clerk, for which the defender became caution 
when the said Jean bought a plaid from the pursuer [sic] ; 
referred to defender's oath, who being absent is held as 
confessed ; 16 s. expenses. 

Eodem die decerns John Soumhowse in Blainslie to pay 
to John Wallace there 51. 17 s. for 5 pecks of bear ' and 
14 copfuU ' for the defender's land in Bridghaugh ' for his 
smythwork wrought be the persewer to the defender from 
Witsunday 1673 to Witsunday 1674,' and 4 s. ' for setting 
one of 4 new shoon upone the defenders horse ' ; defender 
absent ; 16 s. expenses. 



382 MELROSE REGALITY RECORDS 

Eodem die decerns James Smyth in Threipiwood to pay- 
to Thomas L5i;hgow, assignee of Adam Knox, herd in 
.Kaidshe, 4 1. for certain grass ' sett be the said Adam to the 
said defender about 2 years since ' ; defender absent. 

Eodem die decerns Thomas Uns, portioner of Lessudden, 
to pay to Janet Kyll, executrix to deceased Mungo Paton 
there, 8 1. of principal and 6 merks of penalty contained in 
a Ticket by the defender to defunct ; testament and ticket 
produced, defender absent. 



Melrose, 29 August 1674 ; Mr. Robert Maine. 

Which day absolves Archibald Moffitt in Thriepwood 
from action by William Norman there for 20 1. ' for ane 
kow with her first calff quhich the said defenders kow did 
kill ' ; pursuer failed, in three terms assigned him, to prove 
his claim ; 40 s. expenses. 

Eodem die decerns George Pringle, portioner of Lessudden 
to pay to David Gastoun, son of deceased James Gastoun 
in St. Boswells, 4 merks of fee and 10 s. for a pair of hose, 
* for certain work wrought by the persewer to the de- 
fender from Candlemes 1673 to Witsunday 1674 ' ; de- 
fender absent ; 9 s. expenses. 

Eodem die decerns Alexander L5i;hgow of Drygrange 
and Margaret Elliott his spouse to pay to Barbara Bell in 
Greinhilldyks 8 L 18 s. of fee and bounty for serving the 
defenders from Martinmas 1671 to Martinmas 1672 ; 
referred to defenders' oaths, who deferred to pursuer and 
also alleged the pursuer was hired to serve them a half 
year and did not enter home to their service ' and that she 
aucht to pay them the fie for her breach,' to which the 
pursuer and her procurator answered ' that she premoh- 
ished and fortold them to gett another servant 40 dayes 
befor the tearme,' which she also referred to defenders' 
oaths, who deferred to pursuer, who deponed positive as 
to both ; 30 s. expenses. 



A ' STOUN BLIND MEIR ' 383 

Eodem die ' graunts the desyre of the suppHcatione given 
dn to the said baillzie be James Patersone in Whittroch, 
suppHcant, and ordeans Andro Mar, portioner of Galtoun- 
syd, to delyver to him ane beast quhich wes borrowed from 
the supplicant be WiUiam Paterson his brother to fetch 
horn lym, and quhich wes apprehended be the said Andro 
Throw being of the said WiUiam Paterson perished in the 
Water of Tueid upon the 25 of this instant ; because the 
suppHcant depouned upon his great oath that the beast 
perteaned to him, and lent be him to his brother in manner 
forsaid . . . and exoners Henrie Wallace, smyth, of his 
«autionrye, the supplicant paying the officer 8 1. for his 
travel!.' 

Eodem die decerns Thomas Williamsone, miller in West- 
houses, to pay to Charles, Earl of Haddington, 50 1. Scots 
due by him to Margaret and Isobel Barrie and arreisted in 
part payment of 98 1. 4 s. 2 d. contained in decreet, 13 
June 1674, against them. Williamson deponed he owed 
as above by Bond, which is in the custody of George Wal- 
lace ; and Isobel Barrie ' declaird she was content to pay 
for alse long as she laboured.' 

Eodem die decerns William Ker in Braidwoodsheill to 
pay to Patrick Burnley in Birkensyde 27 1. Scots ' receaved 
be the deffender from the persewer as the pryce oft ane 
black held meir quhich the said defender did sell to the 
said persewer upon this conditione to uphold her faultles, 
albeit she wes stoun blind, and to receave his said stoun 
blind meir to his aun custodie ' ; defender absent ; 3 1. 
expenses. 

Eodem die decerns Marion Trotter, widow and executrix 
to William Taitt in Ladopmoor, to pay to Jean Waugh, 
sometime servitrix to Margaret Ker, widow of Anthony 
Murray, brother german of Sir William Murray of Newtoun, 
now servitrix to Alexander Hay of Mountoun, 36 1. of 
principal and 6 1. expenses, with interest, in Bond, 3 May 
1671, by said deceased William Tait to the pursuer ; bond 
produced, and' several witnesses adduced proved the de- 
fender's intromission. 



384 MELROSE REGALITY RECORDS 

Melrose, 5 September 1674 ; Mr. Robert Maine. 

Which day decerns Janet Halliwall ' Nook ' in Galton 
side to pay to Andrew Wright in Galtonside and Isobel 
Paterson his spouse 35 s. as balance of 4 L due by Margaret 
Bouston-to the pursuers, for which the defender became 
debtor ; defender absent. 

Eodem die decerns John Lourie, herd in Threipwood, to 
pay to John Penman, portioner of Melrose, 4 1. 10 s. as 
balance of price of sheep bought from the pursuer about 
Pasch last ; defender absent, pursuer deponed ; 12 s^ 
expenses. 

Eodem die decerns John Wallace, son and heir of deceased 
John Wallace, smith in Blainslie, to pay to William Shilling- 
law in Claikmae, 7 1. 10 s. of principal as the balance of 
price of ' certan oatts upon the ground of the lands of 
Kaidslie bought and receaved be the defender from the 
persewer in March 1673,' and 3 1. due by the defender ' for 
certan fies wrought for be umquhill John Shillinglaw, 
brother to the persweer, to quhich the persewer hes right.' 
Defender absent ; 26 s. expenses. 

Eodem die decerns the following to pay to Esther Skougall, 
widow of Mr. John Summervaill, minister at St. Boswells, 
as follows : — Mr. John Stoddart of Camestoun, and William 
Sweitt and James Bulman his tenants there, 2 bolls of 
teind bear for the said minister's stipend, crop 1672, or 
7 1. 10 s. for each boll ; William Caimcroce of Hilslopp, 
and George Haistie and Thomas Hervie his tenants, 21 
merks ' for the remain of his teynds of the lands of Mox- 
pople, cropt 1670 ' ; Mr. James Adamsone, portioner of 
Lessudden, and John Jamesone and George Gibsone his 
tenants, 12 1. 13 s. for the teind bear of the said Mr. James's 
three quarters of land in Lessudden, and 9 1. Scots as his 
proportion for repairing the manse and houses of St. 
Boswells, and 4 1. for bear and oats, crop 1674 ; extending 
to 25 1. 13 s. ; and Thomas Uns, ' Laird,' portioner of 
Lessudden, 111. 18 s. 8 d. ' as the remain of the teynd 



MOFFITT V. NOTMAN 385 

bear, cropt 1673 and preceidings ' ; all due to said minister 
for his stipend. Defenders all absent ; ' modifies 2 s. ilk 
pound of expenses of pley.'- 

Eodem die decerns William Notman in Thriepwood to 
pay to Archibald Moffitt there 30 s. for a half firlot of meal 
bought from pursuer at Yule last, and 36 s. of protestation 
money allowed by the sheriff of Roxburgh to the pursuer 
' for being sumond and not called,' and 40 s. contained ' in 
ane Absolvitor obteaned befor the said baillyie ' at pursuer's 
instance against defender. Defender absent, pursuer 
deponed as to 30 s., and produced protestation and ab- 
solvitor in proof of the rest ; 14 s. expenses. 

Eodem die decerns Andrew Phaup, messenger, to deliver 
up to James Mar, portioner of Galtonside, a registered 
bond against James Boustone, and letters of horning and 
caption raised thereupon and executions thereof, and to 
accept of 35 s. consigned as the balance of what is due to 
him for his office, ' and fyns and amerciatts the defender 
in 10 lib. for extortionatting of the persewer by obteaneing 
a decreitt against him befor the Shirreft of Roxbrught for 
the soum of 6 lib. by and attour his conditione.' De- 
fender absent, pursuer deponed there was but 35 s. resting, 
and Andrew Mar deponed he offered the 35 s. Thereafter 
the 35 s. was given to Andrew Mar. 



Melrose, 26 September 1674 ; Mr. Robert Maine. 

Which day decerns James Edgar and John Penman, 
portioners of Melrose, to pay to James Eillies, writer in 
Edinburgh, 36 s. due by John Thorbrand in Lessudden to 
William Lythgow, writer in Edinburgh, from whom the 
pursuer has right and for which the defenders became 
caution for Thorbrand to the pursuer ; reserving their 
relief. James Edgar confessed. Penman absent and held 
as confessed ; 6 s. expenses. 

VOL. II. 2 B 



386 MELROSE REGALITY RECORDS 

Head Court, Melrose, 3 October 1674 ; Andrew Mar, 
portioner of Galtonside, bailie-depute. 

Which day decerns John Thorbrand in Lessudden to 
pay to James Edgar and John Pennaan, portioners of 
Melrose, 42 s. in decreet at the instance of James Eillies, 
writer in Edinburgh, against the pursuer as cautioners for 
the defender, and to relieve the pursuers of their cautionry, 
and also to pay to James Edgar 30 s. for his procurator 
fee in obtaining a decreet at defender's instance against 
John Uns in Lessudden ; referred to defender's oath, who 
refused to depone, and confessed that Edgar was his 
procurator for three court days. 

Eodem die decerns James Merser in Newsteid to pay to 
George Mein, weaver there, 4 1. as balance of price of corn 
bought from pursuer about a year ago ; referred to de- 
fender's oath, who deferred to pursuer ' and whither or not 
the persewer gave to the defender all the corns promeised 
and putt him in possession therof,' who deponed ' he putt 
the defender in possession of the corns sold and lybilled.' 



Melrose, 17 October 1674 ; Andrew Mar. 

Which day decerns John Leitheid, portioner of Melrose, 
to flit and remove from the onstead of houses and yard in 
Melrose presently possessed by him, at Whitsunday next, 
so that James Eillies of Huntliewood, proprietor, may 
enter ; who produced his sasine, and the precept of warn- 
ing dated 18 April 1674 ; and the defender desired a copy 
of the claim, to which pursuer consented if caution were 
found for the violent profits, which defender refused. 

Eodem die decerns Mr. John Lythgow, portioner of Rid- 
peth, and John Purves, tenant in Drygrainge, and John 
Hill in Ridpeth, William Swanstoun and Helen Blackie in 
Drygrainge, for their interests, to pay to Alexander Lyth- 
gow of Drygrange and James Edgar, fiscal of the regality, 
as follows, ' the said Mr. John Lythgow and John Hill for 
his enteres, of the soum of fyve pounds Scotts money to 



WARNING TENANT TO FLIT 387 

the said Allexander Lythgow persewer, addebted be the 
said Mr. John Lythgow to the said John Hill, and to the 
said James Edgar of the soum of tua pounds Scotts money 
alsoe adebted be the said Mr. John Lythgow to the said 
John Hill ; and the said John Purves and other tua 
defenders for ther enteress, off the soum oft fyve pounds 
Scotts to the said Alexander Lythgow for each one of the 
said remanent defenders, and to the said James Edgar of 
the soum off tua pounds money forsaid for each on of them 
as said is, and adebted be him to them and arreasted in 
ther hands ' for satisfaction of sums contained in a decreet, 
26 September last, against the defenders. Mr. John Lyth- 
gow confessed owing John Hill 8 1. 8 s. and 6 quarters of 
gray ; John Purves not compearing is held as confessed. 

Eodem die decerns Andrew Merser, ' Baitsheell,' por- 
tioner of Darnick, to flit and remove from ' these aikers 
of land inland in Darnick, houses, biggings, yairds,' and 
pertinents, so that James Eillies of Huntliewood, proprietor, 
may enter, conform to his sasine produced, dated 2 
December 1668, and precept of warning, 16 April 1674 ; 
defender absent. 

Eodem die decerns George Ormstoun in Melrose to pay 
to James Edgar, portioner there, 44 s. 4 d. as balance of 
5 i. due for ' ane house maill sett be the persewer to the 
defender about 2 years since ' ; defender absent ; 8 s. 
expenses. 



Melrose, 24 October 1674 ; Andrew Mar. 

Which day decerns Andrew Merton in Melrose to pay 
to James Edgar, portioner there, 81. 6 s. as balance of 
a greater sum due by the defender to the pursuer for 
the fruit growing in the pursuer's yard, 1674 ; defender 
absent. 

Eodem die decerns Thomas Hardie in Colmesliehill, 
intromitter with the goods and debts of deceased John 
Laidlaw, to pay to [pursuer's name omitted] 4 J. for 



388 MELROSE REGALITY RECORDS 

making the defunct's coffin ; defender absent ; 12 s. 
expenses. 

Eodem die action by William Wallace, portioner of 
Melrose, and James Edgar, fiscal, for his interest, against 
John Penman, portioner there, for contravening Act 41, 
Parliament 1 of King Charles ii., whereby it is appointed 
' that whoever sail break cutt or pull up any tries planted 
in any yaird orchyaird or park inclosed sail pay to the 
ouner therof 20 lib. for ilk trie and if they be not able to 
pay to work sex weiks for meett and drink allennerlie,' 
because ' the said defender doth wrongously oun tuo 
ash tries planted be the said William Wallace persewer 
within his ground and yaird to pertean and belong to the 
said defender, notwithstanding quherof the said John 
Penman defender did most maliciously befor the said per- 
sewer his face pull up ane elme trie at his aun hand perteane- 
ing to the said William Wallace persewer and growing 
in his yaird and alsoe did cast doun the said dyke and 
oun the saids tuo ash tries,' so he ought to pay 201. for 
the said tree and replant it where it was, and be fined 
therefor and for casting down, ' and away takeing of the 
forsaid merch dyke,' and to repair the same, and the 
said two ash trees should be decerned to pertain to the 
pursuer, ' being planted be him and growand within the 
persewers ground and yaird.' Parties compearing person- 
ally, the bailie at pursuer's desire appointed Adam 
Lythgow, portioner of Melrose, Mark Blaikie, portioner 
there, James Eillies, ' Walkerraw,' portioner there, and 
Thomas -Law there, to visit the ground and report, who 
reported this day that they went to the ground contro- 
verted between William Wallace, ' merchant ' in Melrose, 
and John Penman there, and find ' that the elme trie 
contraverted is ane foott within the gavell wall and 
ground perteaneing to the said William Wallace, and 
siclyk the other tuo ash tries that the said John Penman 
declairs he sett, quhilk tua ash tries we find to be within 
the said William Wallace his said gavell and ground alsoe, 
quhilk forsaid elm trie the said John Penman confessed 



PAYMENT FOR BEAR 389 

the pulling up of befor us ' ; Melrose, 19 October 1674. 
The bailie decerns the defender to pay 20 1. to the pursuer 
for pulling up the elm tree, and 10 1. of fine to the fiscal, 
and to desist from troubling the pursuer in possession of 
the ash trees. 



Melrose [date omitted] ; Andrew Mar. 

Which day decerns Thomas Lythgow, portioner of 
Melrose, to pay to Mr. James Daes of Coldenknows, 
advocate, 8 1. for each of 4 bolls of bear and 7 1. for each 
of 3 bolls of oats bought by him from the pursuer, extend- 
ing to 53 1. Scots, and 106 1. 13 s. 4 d. Scots as the price 
of 8 bolls of bear bought from the pursuer at 20 merks 
the boll ; defender [sic] compeared by George Wallace 
his procurator, and produced ' the persewers [sic] missive 
letter to him confessing the samen.' 20 merks expenses 
of plea. 

Eodem die decerns George and Andrew Mertone in 
Melrose to pay to George Blaikie, portioner there, 12 1. 
12 s. 8 d. for fruit bought from the pursuer about two 
months ago ; defenders absent. 

Eodem die decerns George Ormstoun in Melrose to pay 
to Mr. Thomas BjtIs, schoolmaster there, 10 merks 'for 
instructing of the defenders son John Ormstoun tot the 
space of tua yeirs and ane halff ' ; defender absent. 

Eodem die decerns James Waugh in Newmainse to pay 
to James Bouar there 5 1. of principal and 20 s. expenses 
contained in a Ticket by defender to pursuer dated 7 
August 1674, and 44 s. for 3 small fulls and a peck of 
oats borrowed from the pursuer ; defender confessed, and 
ticket produced. 

Melrose, 7 November 1674 ; Andrew Mar. 

Which day decerns Robert Bunzie, mason in Newsteid, 
to pay to William Lythgow, servitor to Thomas Wilkie- 
sone, clerk of Melrose, 11 1. principal and 20 s. expenses 



390 MELROSE REGALITY RECORDS 

in a Ticket by the defender to James Mein in Coldin- 
knowes, son of deceased John Mein portioner of Newsteid, 
and assigned on 17 May [sic] by said James Mein to the 
pursuer ; the ticket and assignation being produced. 
Defender produced a discharge from Mein, which was 
found to be dated after intimation of process ; so decerns 
reserving action to the defender against Mein for the 
warrandice of his discharge, 

Eodem die decerns John HaUiwall ' Croce ' in Galtonside 
to pay to Walter Vaitch, portioner there, 18 1. borrowed 
from the pursuer's wife about five years ago ; referred to 
defender, who depones he never borrowed from the pursuer, 
but from his wife, and paid the interest, ' and quhen she 
wes dicing she sent for him and said she would not putt it 
in testament but bad him give it to her daughter Elspeth, 
and he answered he would doe it if the persewer would 
bid him ; quherupon John Andersone as husband to 
Elspeth compeared for his enteres and craved it mycht 
be decerned to him ; therefter the defender confessed 
he entered in payment to the persewer and promeised 
payment therof to the persewer if he would warrand him ' ; 
so the bailie decerns, reserving ' compt and reckoning.' 

Eodem die decerns Margaret Richie, daughter of Andrew 
Richie in Westhouses, to pay to Marion Simpsone, wife 
of Andrew Fisher of Westerhousebyre, 5 1. of fee, 20 s. 
for a pair of shoes, 11 s. for an ell of linen, and 5 s. for an 
ell of harden, because she was feed to the pursuer at 
Whitsunday last and entered to her service, and at Mid- 
summer thereafter deserted without just cause. Defender 
confessed she was feed ' and entered hom 4 days and ther- 
efter fell seek and went to her fathers 5 weiks and com 
and entered again to her servyce and she was not able to 
spin nor to keep a bairn, she gave the defender a copfull 
meill and said they would gett servants befor she gott 
servyce, and her husband wes not content to keep her ' ; 
which she referred to the defender's [sic] oath, who deponed 
negative ' that the forsaid exceptione wes not trew,' and 



' SECK ' USED AT A BURIAL 391 

the bailie finds that this deposition does not prove the 
libel, and therefore decerns in manner foresaid [sic]. 

Eodem die decerns Charles Watsone in Westerlonglie, 
and Jean Hunter for her interest, to pay to Margaret 
Richie, daughter of Andrew Richie in Westhouses, 40 s. 
Scots, 10 s. for a half full of bear, and 10 s. for an eU of 
linen, extending to 3 1., due by Jean Hunter to the pursuer 
and arreisted in the defender's hands ; both defenders 
absent, and pursuer deponed ; 10 s. expenses. 

Eodem die decerns William Wallace to pay to Margaret 
Lythgow, wife of James Eillies of Huntliewood, 16 1. 4 s. 
due to the pursuer by Janet Ker, widow of James Ker of 
Deanbrae, ' for certan seek furnished be the persewers 
to the said James Ker his buriall,' and for which Wallace 
became cautioner. Defender absent. 

Eodem die decerns John Winter in Gattonside to pay 
to Robert Mein, mason, portioner there, 15 1. 19 s. for 
bear bought from the pursuer last Whitsunday ; defender 
absent, pursuer deponed ; 36 s. expenses. 

Eodem die decerns James Greive, son of John Greive in 
Blainslie, to pay to John Pringle there for his vicarage 
teinds, 1673, 8 1. 12 s., which the pursuer paid to Francis 
Scot of Longshaw for certain lands taken by the pursuer 
from him and possessed by the defender that year ' efter 
the persewers removeall therfrae.' Defender confessed 
' he entered to the grass that the persewer went from.' 



Melrose, 14 November 1674 ; Mr. Robert Maine. 

Which day decerns Alexander Mein, mason in Newsteid, 
to pay to James Edgar, portioner of Melrose, 44 s. 8 d. 
of principal and 8 s. expenses due by him to George 
Ormstoun in Melrose and arreisted for the said sum 
contained in decreet, 17 October last against Ormstoun, 
Defender confessed owing as much, and his wife being 
present consented. 



392 MELROSE REGALITY RECORDS 

Eodem die decerns George and Robert Pringle of Rlindlie 
to pay to Mr. Thomas Byres, schoolmaster at Melrose, 
3 1. for his reader fee, 1670, 1671, 1672, 1673, and 1674, 
being 12 s. yearly ; defenders absent ; 10 s. expenses. 

Eodem die decerns Alexander Mein, mason in Newsteid, 
to pay to said Mr. Thomas Byres 1 1. 14 s. 8 d. due by 
Mein to George Ormstoun in Melrose and arreisted for 
payment of 10 merks contained in decreet against Orm- 
stoun. Defender deponed he owed to the said George 
at the time of arreistment 41. 6 s. 8 d. and paid thereof 
to James Edgar 52 s. 

Eodem die decerns James Fiergreive in Hagburn to pay 
to John Thomson in Ersiltoun 4 1. 16 s. 3 d. for 13 pints 
and 3 mutchkins of tar, at 7 s. the pint, bought from the 
pursuer about a year ago. Defender absent, pursuer 
deponed ; 10 s. expenses. 

Eodem die decerns Patrick Lukup in Melrose to pay to 
Isobel Lidderdaill, wife of John Bunzie, portioner of 
Newsteid, 2 1. 4 s. 6 d. ' for particulars furnished be the 
persewers to the defender ' ; defender absent ; 6 s. 
expenses. 



Melrose, 21 November 1674 ; Mr. Robert Maine. 

Which day decerns William Gibsone, indweller in 
Threepwood, to pay to Thomas Watsone in Ridpeth 11 1, 
for meal bought from the pursuer about Pasch last, and 
7 1. for a half boll of bear bought at bearseed time last ; 
defender absent ; 44 s. expenses. 

Eodem die decerns James Merser in Newsteid to pay to 
Archibald Frier, wright in Gattonside, 6 1. due by Merser 
to Thomas Bowy in Melrose and arreisted in payment of 
6 1. contained in a Ticket by said Thomas to the pursuer ; 
defender absent, Bowy present consented. 

Eodem die decerns Patrick Lukup, portioner of Melrose, 
to pay to John Penman, portioner there, 4 merks for 2 



REMOVAL OF A TREE 393 

' daills ' bought from the pursuer, and 5 s. for a half peck 
of salt, and 1 s. for herring, extending to 2 1. 19 s. 4 d. ; 
defender absent. 



Melrose, 28 November 1674 ; Mr. Robert Maine. 

Which day decerns Robert Bunzie, mason in Newsteid, 
to pay to James Mein, portioner there, 20 I. conform to 
the Act of Parliament ' for pulling, hoiking, making use off, 
and away takeing of ane trie growand in the persewers 
yaird without his licence knowledg or consent,' and 10 1. 
to the procurator fiscal as a fine ; found proven by several 
witnesses. 

Eodem die decerns David Kyll, portioner of Lessudden, 
' alias Childrim,' John Robiesone, John Rutherfoord, 
Walter Gibsone, John Uns ' Greatt,' John Uns, wright, 
and Janet Rutherfoord there, to pay to Thomas Watson 
in Ridpeth as follows, Kyll 4 1. 18 s., Robiesone, Ruther- 
ford and Gibson conjointly 13 1. 4 s., Uns ' Great ' 6 1., 
and Uns, wright, 3 1. 18 s., and Janet Rutherfoord ' as 
relict of James Gastoun ' 45 s., for corn and meal bought 
by them from the pursuer in 1673 and 1674. Defenders 
absent. 

Eodem die decerns Robert Mar in Darnick to pay to 
John Heitoun, weaver there, 71. 'of expenses for the 
persewers obteaning himselff infeft in ane yaird acquyred 
be the said persewer from the said defender,' and which 
the latter promised by the agreement to pay. Defender 
absent. 

Eodem die decerns Thomas Boustoun ' Wynd ' in 
Gattonside to deliver to William Bowstoun, herd there, a 
half boll of bear due by him to Thomas Merser in Rink, 
sometime tenant in Drygrange, and arreisted for payment 
of 2 1. 4 s. of principal and 6 s. expenses in decreet at 
pursuer's instance against Merser, 17 May 1673 ; defender 
absent. 



394 MELROSE REGALITY RECORDS 

Eodem die decerns William Lukup, wright in Danzeltoun, 
to pay to John Mein, maltman, portioner of Newsteid, 14 t. 
principal and 20 s. expenses in a Ticket, 20 May 1674, by 
him to the pursuer; also 16 1. 19 s. 8 d. with 2 merks 
expenses, in another Ticket, 31 January last ; totaU 
33 1. 6 s. 4 d. Defender absent, tickets produced. 

Melrose, 5 December 1674 ; Mr. Robert Maine. 

Which day decerns Andrew Renneldsone and Walter 
Dalgleish in Darnick to pay to Charles, Earl of Haddington, 
as follows, Renneldsone 6 1. due by him to Robert Mar in 
Darnick, and Dalgleish a boll of oats at seedtime next, 
' or 7 lib. and 38 s. therfor,' due by him to said Robert 
Mar, and arreisted in their hands. Defenders confessed. 

Eodem die decerns James Mein in EUdoun to pay to 
Andrew Chisholm, portioner of Darnick, 16 1. for bear 
bought from the pursuer about a year ago ; defender 
absent. 

Eodem die decerns Andrew Halliwall, portioner of 
Gattonside, to pay to John Mein, maltman, portioner of 
Newsteid, 2 1. 8 s. for two fulls of seed pease bought from 
the pursuer at seed time last, and 1 1. 2 s. for a peck of 
oatmeal ; defender absent ; 10 s. expenses. 

Eodem die ' discharges Robert Bunzie, measone in 
Newsteid, to frequent, use and haunt ane kirk seatt in 
Melrois kirk nixt to the pulpitt on the north syde theroff, 
perteaneing to James Mein, portioner there,' under a 
penalty of 10 1. for each contravention ; the bailie finding 
by production of the pursuer's right and the testificate 
signed by the minister and clerk of session that the seat 
controverted belongs properly to the pursuer. 

Eodem die decerns Andrew Halliwall, donator to the 
escheat of John Halliwall ' Fair,' portioner of Gattonside, 
to pay to William Anderson, merchant in Melrose, 16 s. 
' for 4 hooks ' bought by said John from the pursuer ; 
defender absent. 



ACTIONS FOR DEBT 395 

Melrose, 12 December 1674 ; Mr. Robert Maine. 

Which day decerns Thomas Dariing, wright in Blainslie, 
to pay to Dame Christian Lindsay, Countess of Haddington 
4 1. 13 s. 4 d. due by him to Thomas Waddell in Trae- 
broun, and arreisted for payment of 49 1. 12 s. 4 d. in Bond 
by Waddell to the Countess ; defender deponed he was 
due only as above at the time of arreistment. 

Eodem die decerns George and Andrew Merton, por- 
tioners of Melrose, to pay to George Pringle of Buck- 
holm 10 1. for fruit bought from Thomas Law, tenant to 
the pursuer, in August 1674 ; defenders absent. 

Eodem die decerns Janet Smith, wife of Thomas Darling 
in Blainslie, to pay to John Cochran in Chappell 8 1. of 
fee, 13 s. 4 d. for a peck of oatmeal, 8 s. for half a peck of 
bear meal, 12 s. for an ell and a half of plaiding, and 4 s. 
for an ell of harden, as a year's fee wrought for by Margaret 
Cochran, the pursuer's daughter, in 1673 ; defender absent ; 
24 s. expenses. 

Eodem die absolves John Wallace, smith in Blainslie, 
from making forthcoming to James Edgar, fiscal, 100 1. 
Scots, due by him to William Pringle and William Char- 
tours, because he deponed he owed nothing to them at 
the time of arreistment. 

Eodem die decerns James Smyth in Threipwood to pay 
to Bessie Hardie in Kaidslie 50 s. modified as the price 
of a ' wether sheep ' pertaining to the pursuer and lost 
by the defender in 1673 when the same was herded upon 
the lands of Kadslie by the defender ; referred the delivery 
thereof to defender's oath, who deferred to pursuer, who 
deponed positive ' she delyvered him ane wether sheep 
3 years old ' ; 10 s. expenses. 

Eodem die decerns Thomas Darling in Blainslie to pay 
to John Pringle there 2 1. 4 s. for bear and straw promised 
to the pursuer in harvest last ; defender absent. 



396 MELROSE REGALITY RECORDS 

Melrose, 19 December 1674 ; Mr. Robert Maine. 

Which day action by James Edgar, fiscal, and George 
Pringle of Buckholm, against James Lamb in Melrose, 
who intromitted with and took away ' certan dows out of 
the doucatt ' pertaining to said George Pringle, ' and 
siclyke certain pies [i.e. pease] out of the Sandyaird ' 
pertaining to him, and a saw pertaining to Nicol Bowar, 
portioner of Eildon, worth 10 merks ; all which he ought 
to restore, and be fined. Parties compearing, defender 
denied all, whereupon the pursuer adduced several wit- 
nesses, who deponed negative to all the points, and an 
assise of 15 persons, by their spokesman Mr. Thomas 
Byres, found the complaint not proven, wherefore the 
bailie grants absolvitor. 

Eodem die absolves Isobel Lythgow in Galtonside from 
action by Alexander Trotter of Eister Housbyre for 
5 1. 16 s. borrowed about 3 years ago, and 3 1. half of which 
is borrowed and half being the price of ' ane Dunriiund 
sheep,' with 71. 6 s. borrowed at Lammas last, and a 
stack of peats at 40 s. ; total, 18 1. 2 s. Referred to 
defender's oath, who confessed borrowing two ' legged ' 
dollars, but deponed she satisfied him therefor, and 
deponed negative to all the rest ; so absolves. 

Eodem die absolves Thomas Bowie, in Melrose, from 
action by John Fisher and Andrew Merser, maltmen in 
Darnick, for 2 1. as balance of price of half a boll of malt 
bought from them about 2 years ago ; because defender 
alleged he paid his half ' and the persewers promeised 
never to crave him more ' ; reserving action against 
George Blaikie. 

Eodem die decerns John Vair, portioner of Eildon, to 
pay to Andrew Chisholm, portioner of Darnick, 11 1. as 
price of 2 bolls of oats bought from the pursuer about a 
year ago ; defender absent. 

Eodem die decerns Robert Spottiswood, portioner of 
Darnick, to pay to Margaret Drummond there 4 1. of fee, 



BYRUN MAILLS AND DUTIES 397 

9 s. for 3 quarters of an ell of linen, and 4 s. for an ell of 
harden, for half a year's service wrought by the pursuer 
to the defender ; defender confessed. 

Eodem die decerns William Merser in Darnick to pay to 
Charles, Earl of Haddington, 28 1. 15 s. 10 d. due by him 
to Robert Spottiswood in Darnick and arreisted for 
payment of byrun maills and duties owing by Spottiswood 
to the Earl for his lands in Darnick ; defender deponed 
this was all he owed, and absolved from the rest. 

Eodem die absolves Thomas Hunter, merchant in 
Melrose, from action by James Burn there for 5 1. ' alleged 
promeised be the defender to the persewer for going 
about the persewers [sic] eftairs tp Newcastle ' ; referred 
to defender's oath, who deponed negative. 

Eodem die decerns Thomas Lukup, younger, wright in 
Melrose, to pay to George Wallace 10 1. due by Lukup to 
George Wright, second son of deceased John Wright 
portioner of Melrose, and assigned on 14 October last to 
pursuer ; defender confessed ; 26 s. expenses. 

Melrose, 26 December 1674 ; Mr. Robert Maine. 

Which day decerns Thomas Uns alias Laird, portioner 
of Lessudden, to pay to Agnes Kyll, wife of Mungo Glen- 
doning there, 7 1. ; with 12 s. for an ell of linen and 8 s. 
for a pair of hose, for service wrought by said Agnes to 
the defender about 6 years ago ; defender absent, pursuer 
deponed ; 20 s. expenses. 

Eodem die decerns William Boustoun, weaver in Gatton- 
side, to pay to Walter Vaitch, portioner there, 81. 2 s. 
borrowed from pursuer about 2 years ago ; defender 
absent, pursuer deponed. 

Eodem die decerns Thomas Darling, younger, in Blainslie, 
to pay to James Fisher of Claikmae 6 1. borrowed in 
September last, and 31. 6 s. for ale and bread supplied 
to him by the pursuer and his spouse in August last ; 
defender confessed ; 2 merks expenses. 



398 MELROSE REGALITY RECORDS 

Eodem die decerns Andrew Cairncroce of Wester Longlie 
to pay to Mr. Thomas Byris, schoolmaster at Melrose, 
21. 18 s. for his reader fee, 1674 ; defender absent. 

Eodem die decerns John Clapertoun in Longhaugh to 
pay to Thomas Skouller, gardener in Torwoodlie, 11 1. 
for ' tua beis skaips ' bought from pursuer at Martinmas 
1673 ; defender absent, pursuer and his witnesses deponed. 



Melrose, 31 December 1674 ; Mr. Robert Maine. 

Which day Margaret Adamsone, wife of Thomas Uns, 
portioner of Lessudden, judicially ratified a Disposition 
of this date by her said husband with consent of her 
and of David Uns in Lessudden, his brother, in favour 
of Walter Scott of Raeburn and his heirs and assignees, 
irredeemably, of their one husband land in Lessudden, 
with tenements, houses, yards, and pertinents, presently 
possessed by the said Thomas Uns and John Patoun in 
Lessudden. John Bell, the notary's servitor, takes instru- 
ments on behalf of Scott ; done in ' the hall and place 
perteaneing to ' Charles, Earl of Haddington, between 
11 and 12 forenoon, in presence of John Thorbrand, por- 
tioner of Lessudden, George Blaikie, portioner of Melrose, 
and others. [The notary does not sign.] 



Melrose, 2 January 1675 ; Mr. Robert Maine 
of Lochwood. 

Which day decerns John Quarie in Eildon to pay to 
Thomas Mein, portioner there, 21. 15 s. as balance of 
price of a boll of oats bought from the pursuer about two 
years ago ; pursuer deponed positive. Absolves defender 
from a ewe pertaining to Thomas Halliwall in Galtonside, 
delivered to the defender to herd and alleged to be lost 
by careless herding, worth 3 1. ; because the defender 
denied delivery of the ewe, and this being referred to his 
oath, he deponed ' that the samen was wanting befor he 
knew who aught it.' 



RETOUR OF WM. WATERSTOUN 399 

Eodem die decerns James Waughe in Newmains of 
Danzielton to pay to John Main, maltman in Newsteid, 
9 1. 3 s. as balance of price of meal bought from the pursuer, 
conform to Ticket, 31 September 1674 ; ticket produced ; 
22 s. expenses. 

Eodem die absolves John Scott, elder and younger, 
portioners of Galtonside, from action by Robert Clerk, 
merchant there, against them, ' as the scroll of the said 
absolvitor lyeing in the proces bears.' 

Retour [in Latin] of the general service of William 
Waterstoun, eldest son of Simon Waterstoun, in Over 
Houdoun, procreated between him and Annabel Mathie- 
sone his spouse, lawful daughter of deceased John Mathie- 
sone, eldest son of George Mathiesone, portioner of Midlime, 
as heir male to the said George Mathiesone, his great- 
grandfather ; the names of inquest being John Mein, 
maltman, portioner of Newsteid, George Wallace, notary 
in Melrose, Alexander Trotter of Eister Housbyre, Robert 
Buinzie, mason in Newsteid, John Mein, mason there, 
Andrew Chisholme, portioner of Darnick, Andrew Renneld- 
sone, portioner there, John Buinzie, portioner of Newsteid, 
John Sklaitter, portioner of Eildoun, Thomas Mein, 
portioner there, Alexander Mein, mason in Newsteid, 
James Mairtoun, clothier in Melrose, John Bell, weaver 
there, George Hounam, portioner of Bridgend, and John 
Lythgow, portioner of Ridpeth. Thomas WUkiesone, 
clerk of regality court, subscribes. 

Melrose, 9 January 1675 ; Andrew Mar. 

Which day decerns George Pringle in Melrose and 
John Quarie in Eildoun to pay to Michael Gibsone, flesher 
in Melrose, the former 8 s. 8 d. and the latter 6 1. 10 s. 10 d., 
' for the number oft fyve meassur or gess of aples ' bought 
frona the pursuer about 20 August last ; defenders con- 
fessed, after debating ; 16 s. expenses. 

Eodem die decerns Robert Spottswood, portioner of 
Darnick, and James Cochrain, tailor there, to pay to 



400 MELROSE REGALITY RECORDS 

Thomas Wilkiesone, clerk of Melrose, the former half a 
boll of good oats, Roxburgh measure, worth 5 1., and the 
latter 8 1. 4 s., for writing papers and writs and registration 
of his sasine ; defenders absent ; 18 s. expenses. 

Eodem die decerns Margaret Mertoun iii Westhouses to 
pay to James Edgar, fiscal, 10 1. of fine ' for casting, 
beating, stryking and wounding oft Robert Pringle of 
Blindlie with stones and staffes to the effusion of his blood 
and haizard of his lyfte ' ; proved by witnesses. 

Eodem die decerns George Eillies, portioner of Danzielton 
to pay to William Merser, brother german of George 
Merser portioner of Darnick, ' alias Laird,' 22 1. Scots for 
2 bolls of oats and half a boll of bear bought from the 
pursuer about three years ago ; defender confessed receipt 
of the corn, and alleged payment, but failed in three 
terms assigned to prove the same. 

Eodem die decerns James Pringle, son of George Pringle 
in Westhouses, to pay to James Edgar, fiscal, 50 1. ' for 
his wicked and malicious beatting, stryking, and wounding 
off Robert Mertoun in Coblehouss and Margrat Mertoun 
his sister with ane sword ' ; proved by witnesses. 

Eodem die decerns John Buinzie, haver of or who had 
the deed, to deliver to Robert Buinzie his brother, mason 
in Newsteid, a Disposition dated — 1674, granted by 
said John with consent of Isobel Lidderdaill his spouse 
and Thomas Bunzie, their eldest son, selling to the said 
Robert and his heirs and assignees irredeemably ' all and 
haill that his ane onsteid of houses and tua yairds in 
Newsteid with the viccaradge teynds of the samen in- 
cludit,' with tolerance to the pursuer to buUd at his 
pleasure ' upon the said defender his pairt of the onsteid 
nixt to himselffe with the divot earth off fouer aikers of 
land ther ' ; all apprisings and wadsets being purged, 
and obliging himself to obtain the judicial consent of his 
wife, and that the ' forsaids yairds sould be devyded at 
the sight of tua honest neutrall men ' ; and to pay to the 



' TUA GIMMERS ' 401 

pursuer 20 1. of expenses of plea ; referred to defender's 
oath, who refused to depone. 

Eodem die decerns John Andersone, portioner of Ridpeth, 
to pay to Thomas Ritchiesone in Park 14 1. for meal 
bought from the pursuer about 2 years ago , and 6 1. of 
fee with 20 s. for six quarters of gray and 8 s. for an ell 
of white, of bounty, for half a year's service wrought by 
David Ritchiesone, pursuer's brother, to the defender 
from Martinmas 1673 to Whitsunday 1674, assigned on 
4 December last by the said David to the pursuer ; re- 
ferred to defender's oath, who deferred to pursuer, who 
deponed positive. 

Eodem die decerns Thomas Bicket in Danzieltoun to 
pay to William Andersone, nierchant in Melrose, 5 1. 1 s. 6 d. 
for merchandise furnished by the pursuer to him ; defender 
absent, pursuer deponed. 



Melrose, 16 January 1675 ; Andrew Mar. 

Which day decerns Robert Leithen, portioner of Eildon, 
to pay to William Maben, weaver in Melrose, 5 1. modified 
as the price of ' tua gimmers ' which the defender had in 
keeping and pasturing on the lands of Eildon, 1674, and 
suffered to be lost ; defender confessed the sheep with 
the rest that he had in pasturing ' come to his houss and 
ware redelyvered bake to the said persewer be the herd,' 
and referred it to pursuer's oath ' iff he gote not all the 
sheip back from the herd,' who deponed ' he gote all back 
but the forsaid tua gimmers.' 

Eodem die decerns Thomas Mein, portioner of Eildon, to 
pay to Robert Mein, portioner there, 71. 14 s. of principal 
and 15 s. expenses, in Decreet by the pursuer against 
James Bower in Longhaughe, dated 27 July 1672, and 
arreisted in defender's hands as debtor to Bower ; defender 
present, refused to depone what he owed to Bower at the 
time of arreistment. 

VOL. II. 2 c 



402 MELROSE REGALITY RECORDS 

Eodem die decerns John Quarrie in Eildon to pay to 
Nicol Bowar, portioner there, 10 merks disbursed by the 
pursuer as cautioner for the defender to George Wallace, 
notary in Melrose, ' in name and behalfe of Thomas Watt- 
sone in Ridpeth,' conform to discharge produced ; defender 
confessed. 

Eodem die decerns Charles Watsone in Eister Longlie to 
pay to George Pringle in Wester Longlie 51. 6 s. due by 
him to Thomas Bell, portioner of Easter Longlie, and 
arreisted for sums due to the pursuer ; 13 s. expenses. 

Eodem die decerns Charles Wattsone in Easter Longlie 
to pay to Robert Ormstoun in Coblehouse 18 1. due to said 
Thomas Bell and arreisted as above ; 40 s. expenses. 



Melrose, 23 January 1675 ; Andrew Mar. 

Which day absolves James Mein, portioner of New- 
steid, from action by Thomas Buinzie, son of John Buinzie 
portioner there, for delivery of a Bond by Alexander 
Meia, mason in Newsteid, to deceased Janet Mein, ' good- 
hame ' to the pursuer, in liferent, and the pursuer in fee, 
for 28 1. Scots, with interest and expenses ; because the 
defender exhibited the same in the hands of the clerk of 
court. 

Eodem, die absolves John Davidsone in Longshaw from 
action by William Cairncroce of Hilslope for 10 merks for 
a year's rent of a house in Ladupmore set to the defender 
about two years ago ; defender ' deponed he never dwelt in 
a houss of the persewers nor ever took the same or pro- 
meised maill therfor.' 

Eodem die decerns John Scott, portioner of Gattonside, 
to pay to Walter Vaitch, portioner there, 17 L 5 s. for an 
ox bought from the pursuer at Michaelmas 1678, to be 
paid at Whitsunday thereafter ; after debate, referred to 
defender's oath, who confessed the price and alleged 3 1. 
4 s. paid, which he referred to pursuer's oath, who deponed 
it was not paid. 



ACTION AGAINST A HERD 403 

Melrose, 30 January 1675 ; Andrew Mar. 

Which day decerns William Lukup, wright in Danziel- 
toun, to pay to John Thomsone, slater in Darnick, 4 1. for 
ten threaves of straw bought from the pursuer about a 
year ago ; defender absent, pursuer deponed ; 12 s. 
expenses. 

Head Court, Melrose, 6 February 1675 ; Andrew Mar. 

Which day absolves James Taitt, herd in Williamlaw, 
from action by George Bairnfather in Ladupmoor against 
him, because the defender being herd to the pursuer's 
sheep did through neglect lose to the pursuer 4 ewes and a 
hog, at 5 1. per head, in October last ; referred to defender's 
oath, who deponed negative ' that he was frie oft them.' 

Melrose, 13 February 1675 ; Andrew Mar. 

Which day absolves James Moffett in Drygrange from 
action by Barbara Bell in Grewhilldykes narrating decreet 
at her instance against Alexander Lythgow of Drygrange 
for 8 1. 18 s. of principal and 30 s. expenses, upon which she 
caused arreist in defender's hands 12 1. due by him to the 
said Alexander ; but he denied owing anything to Lythgow 
at the time of arreistment, and deponed thereupon. 

Melrose, 20 February 1675 ; Andrew Mar. 

Which day decerns James Mein, portioner of Newsteid, 
to pay to Robert Bunzie, mason there, 13 1. 16 s. paid by the 
pursuer to William Lythgow, writer in Edinburgh, as assig- 
nee to the defender, and the defender granted discharge 
containing absolute warrandice and specially at Lythgow's 
hands ; the bailie having repelled defences and seen pro- 
ductions ; superseding extract till 14th April next ; 24 s. 
expenses. 

Eodem die decerns Mark Kylle in Lessudden to pay to 
Mr. James Adamsone, minister at Pittnean, 4 1. 10 s. of 



404 MELROSE REGALITY RECORDS 

teind which the pursuer paid to Mr. John Somervell's 
widow for the teind duty of ' half ane quarter ' of land 
possessed by the defender and pertaining to the pursuer, 
crop 1673 ; also for the teind duty thereof to ' my Lord ' 
Cardros a peck of wheat and six ' copfuU ' of pease, said 
crop ; conform to Tack between pursuer and defender, 
dated 5 October 1672. The defences repelled, and bailie 
finds the Tack proves defender's possession. 

Eodem die absolves said Mark Kylle from action by said 
Mr. James Adamsone for IJ bolls of bear contained in 
Tack, 5 October 1672, between them ; defender alleged 
the same paid ' and that the said persewer sold the ferme 
to him,' and referred to pursuer's oath who deferred to 
defender, who deponed he agreed with the pursuer for 
5 1. the boll and paid the same to John Coatt in name of 
the pursuer, with 24 s. of public burdens, and there remains 
16 s., which he presently pays. 

Eodem die decerns George Wadderstoun in Blainslie to 
pay to William Montgomerie of Quhiteslaid 10 merks of 
housemaill from Whitsunday 1674 to Whitsunday 1675, 
and ' tua horse grass being 4 soume sommer last 1674 at 
5 lib. ilk soume,' and for a half soume of sheep, summer 
1674, 2 1. 10 s., and he ' pulled doune and ruined ane houss 
to the said persewer in Bridghaughe by theiking of the 
samen with unwine divotts,' prejudging the pursuer in 
10 1. ; total, 39 1. 3 s. 4 d. ; proved by witnesses and 
defender's confession ; reserving action to the defender 
' against any who sett him the soumes and grass.' 4 1. 
expenses. 

Eodem die decerns William Nottman, George Mofl&tt, 
Peter Moffett, Archibald Moffett, elder and younger, 
Andrew Nottman, John Lourie, and James Smyth, inhabi- 
tants in Threipwood, to pay to John Young, sometime in 
Threipwood, now in Ladupmoore, and Andrew Aitchiesone, 
sometime there, now in Mossehouses, ' vizt. to -the said John 
Young off the number off 4 bolls and ane meikle full off 
oatts being the 3d corne, or 7 lib. for the boll, and for sex 



SUNDRY DECREES 405 

furlotts of infeild corne 8 lib. 10 s. the boUe, and to the said 
Andro Aitchiesone off the number of halfe ane boll infeild 
oatts at 8 lib. 10 s. and ane halfe bolls sawein in the outfeild 
is a boUe and ane halfe at 7 lib. the boUe.' The pursuers 
purged themselves by oath ' that their owne bestiall is frie 
oft the eating of the saids cornes,' and the complaint is 
proven by several witnesses. Expenses modified to John 
Young 4 1. and to Andrew Aitchiesone 36 s. 

Eodem die decerns Patrick Lukup, wright in Melrose, to 
pay to John Mein, maltman, portioner of Newsteid, 20 
merks, with interest since Martinmas last, and 2 merks of 
penalty, contained in a Ticket, 13 May 1674, by him to the 
pursuer ; 3 1. for two small fulls of bear received from the 
pursuer in June last ; and 24 s. for a peck of oatmeal 
received in July last ; total, 18 1. 17 s. 4 d. Ticket pro- 
duced, defender absent ; 40 s. expenses. 

Eodem die absolves James Merser, portioner of Newsteid, 
from action by Robert Buinzie, mason there, executor 
confirmed to deceased Janet Mein, his mother, against the 
defender for 4 1. ' off the bygaine annuelrents of 50 merks,' 
as cautioner for Adam Turnbull in Newsteid, who owed 
the same to the said Janet ; but the defender deponed he 
did not become cautioner for the said Adam. 

Melrose, 6 March 1675 ; Mr. Robert Maine. 

Which day decerns John Quarrie in Eildoun to pay to 
Robert Leithen, portioner there, 5 1. as the modified price 
of two ' gimmer sheip ' lost by the defender through evil 
herding in 1674 ; proved by witnesses. 

Melrose, 13 March 1675 ; Mr. Robert Maine. 

Which day decerns Helen Bartoun, widow of John 
Bartoun, portioner of Gattonside, to pay to James Waughe 
101. due by defender to James Pattersone, herd in New- 
toun, and assigned by him on 25 August 1674 to the pur- 
suer; defender confessed the debt, and alleged that William 



406 MELROSE REGALITY RECORDS 

Bell in Ridpeth claimed one half of it ; pursuer to warrand 
defender especially at the hands of said William Bell. 

Eodem die decerns James Smyth in Threipwood to pay 
to Thomas Cairter in Craixfuird 9 L 4 s. as balance of price 
of sheep bought from the pursuer at Martinmas 1673 ; 
defender absent, pursuer deponed ; 26 s. expenses. 

Eodem die action by Grizel Scott in Darnick and Michael 
Fischer her son, portioner there, and James Edgar, fiscal, 
for his interest, against William Greistoun in Darnick, who 
' hes most unjustlie and wrongouslie buUded ane kiU in 
the midst of the toune off Darnick near to the saids per- 
sewars their bame yaird ther which is ane inconvenient 
plaice to be builded upon, and incaice off any fyre or other 
accident that shall happen to occure upon the said kill it 
might be to the saids persewers their great hurt enorme 
prejudice and skaith ' ; so he ought to remove the kiln 
or find caution to pay any damage arising therefrom ; 
' and sicklyke that the said kill is builded and incroaches 
upon the Kings hie streit,' contrary to act of Parliament, 
so that he is liable in a fine. The pursuers compearing by 
Andrew Fischer, brother of the said Michael, and the fiscal 
compearing personally, and also the defender, the bailie 
with consent of parties appointed Walter Usher, Andrew 
Rennaldsone, Andrew Heittoun and John Moss, ' suorne 
men in the said toune of Darnick,' to visit the kiln and 
report, who gave in this day their report dated 13 March 
1675, finding the kiln * to be 50 foote of distance from the 
saids persewers barne-yaird and noewayes prejudiciall 
therunto, or anywayes incroaching upon the Kings hie 
streitt ; and that the persewers barnyaird lybelled is not 
his barnyard, for his predicessors barnyaird was the kill 
yaird.' The bailie absolves the defender from the whole 
claim. 

Melrose, 20 March 1675 ; Mr. Robert Maine. 

Which day declares James Pringle, son of George 
Pringle in Westhouses, fugitive, and ordains all his move- 



A CASE OF ARSON 407 

ables to be escheated, and prohibits all persons in the 
regality of Melrose to reset and supply him ; because he, 
being summoned at the instance of Robert Mertoun in 
Coblehouss, Margaret Forrest in Westhouses and Margaret 
Mertoun there, and James Edgar, fiscal, for his interest, to 
answer ' for the said defender his most wickedlie setting 
fyre to the saids persewers their houss in Westhouses and 
for beatting and stryking off the saids persewers,' failed to 
compear, and the complaint was proved by several wit- 
nesses. 

Eodem die decerns Mark Kylle in Lessudden to pay to 
Janet Adamsone in Boudoun 8 1. 10 s. 8 d. as the modified 
price of ' ane Louthian bolle of beir ' due to the pursuer for 
the ferme bear of an acre of land in Lessudden pertaining 
to the pursuer and possessed by the defender, crop 1674 ; 
defender confessed. 

Melrose, 27 March 1675 ; Mr. Robert Maine. 

Which day action by Robert Pringle of Blindlie, and 
James Edgar, fiscal, for his interest, against Margaret 
Forest in Westhouses, and Robert Mertoun in Coblehouss 
her son, and Margaret Mertoun her daughter, and Francis 
Pringle, son of the said Margaret, for contravening Act 7, 
Pari. 3, of King James v. against arson, and also Act 
118, of his seventh Parliament, and Act 33, Pari. 1, of King 
James vi., and Act 75, Pari. 4, of King James i., because 
the defenders ' did most wickedly upon the last day of 
December 1674 under cloud and silence of night about 
midnight, the said persewer being in his bed, sett the 
said defender his houss in Westhouses, wher he resyds and 
sleips, on fyre at fouer severJll pairts theroff, intending 
therby not only the said persewar his prejudice but to tak 
away his lyffe,' and by the said acts of Parliament are 
' culpable of death ' and meantime ought to find caution 
to underly the law. Pursuers compearing personally, and 
Robert Mertoun, one of the defenders, compearing per- 
sonally with George Wallace his procurator, the pursuers 
desired him to find caution, who found George Pringle, 



408 MELROSE REGALITY RECORDS 

fiar of Blindlie, eldest lawful son of the said pursuer, 
cautioner for his answering the pursuer according to law; 
and witnesses being examined, they all declared they 
knew nothing of the defender's raising of fire on the pur- 
suer's house'' and ounawayes could prove the samen ' ; 
whereupon the bailie absolves him. 

Modem die decerns Thomas Boustoun, ' poundler ' in 
Gattonside, and James Lyndsay there, to pay to Charles, 
Earl of Haddington, 14 1. of principal and 30 s. expenses, 
in decreet by the Earl against William Boustoun in Gatton- 
side, and arreisted in defenders' hands as debtors to 
William Boustoun ; defenders absent. 

Modem die decerns William Nottman in Threipwood to 
pay to Bessie Bell in Mosehouses 3 L 3 s. borrowed by the 
defender and his mother from the pursuer about two years 
ago ; defender absent ; 10 s. expenses. 

Modem die decerns James Waughe in Newmaines of 
Danzieltoun and Andrew Pringle in Westhouses to pay to 
Isobel LidderdaUl, wife of John Buinzie in Melrose, the 
said James 26 s. 2 d. and the said Andrew 30 s. 6 d. for 
ale ' and uthers ' furnished by the pursuers to the defenders ; 
Waugh refused to depone, and Pringle being, absent is held 
as confessed. 



Melrose, 3 April 1675 ; Mr. Robert Maine. 

Which day decerns Thomas Kylle, wright in Lessudden, 
to pay to John Brydden there 48 s. for bear and meal 
bought by deceased John Kyll, the defender's brother ; 
and absolves from 41. 6 Sy 8 d. contained in the claim ; 
because the defender deponed ' he only proffered the said 
persewer 48 s.' 

Modem die decerns James Merser, portioner of Newsteid, 
to pay to Andrew WUsone, portioner there, 5 1. 6 s. 8 d. for 
half a boll of bear, for the ferme and duty of certain lands 
in Newsteid possessed by him, crop 1674, and pertaining 
to the pursuer ; proven by witnesses ; 15 s. expenses. 



' ANE SOULDIER FOR THE MILITIA ' 409 

Melrose, 17 April 1675 ; Mr. Robert Maine. 

Which day decerns William Boustoun, weaver in Gatton- 
side, to pay to Alexander Trotter of Eister Housbyre 
9 1. 2 s. for oats bought from the pursuer about Martinmas 
last ; defender absent, pursuer deponed. 

Eodem die decerns John Mylne, younger, in Newtoun, 
to pay to Mr. Thomas Byres, schoolmaster at Melrose, 54 3. 
contained in a decreet at pursuer's instance against Andrew 
Cairncroce of Wester Longlie and arreisted at pursuer's 
instance in the defender's hands as debtor to Cairncroce ; 
defender absent. 

Eodem die decerns Robert Mertoun, sometime in West- 
houses, now in Coblehouss, ' to relieve, discharg and give 
up to Robert Pringle off Blindlie off ane Tickett granted 
be him to the feaid defender daitted 6 October 1668 yeirs 
quherby the said persewar band and obleist him to releive 
the said defender in goeing out as ane souldier for the 
militia at the end of ane year under the paine of 100 lib..' 
which is registered 24 February 1672, and the defender 
having charged the pursuer to relieve him, the pursuer 
went to him with George Wallace, notary in Melrose, and 
offered to free the defender ' and to delyver him his militia 
armes being aither ane suord and pick or muskett,' and 
the defender answered he was willing to deliver the said 
arms to the pursuer, as instruments taken on 14 April 
1675 attest. Defender absent, ticket and instruments 
produced, the bailie decerns the defender to give up the 
arms and discharge the ticket. 

Eodem die decerns Robert Buinzie, mason in Newsteid, 
* to putt and lavell the yaird perteining to John Buinzie 
his brother ther as it was beffor the altering off the merch 
stones sett betwixt the said persewer and the said de- 
fender,' and to pay 10 1. of fine to the fiscal, for altering 
and removing the said march stones set by Alexander 
Mein and James Merser in Newsteid, who reported as to 
the matter of fact. 



410 MELROSE REGALITY RECORDS 

Eodem die decerns John Uns, tenant to Christian and 
Helen Purves, heirs of deceased WUliam Purves, portioner 
of Lessudden, their father, to flit and remove from these 
houses and yards in Lessudden, with tofts, crofts, and 
pertinents, belonging to John Thorbrand, portioner there, 
and possessed by the defender, crop 1673, so that Thor- 
brand may enter thereto, conform to his sasine produced 
following on a charter by — — , Earl of Haddington, and 
precept of warning 40 days before Whitsunday 1673. 

Melrose, 24 April 1675 ; Andrew Mar. 

Which day decerns Janet Rutherfuird, widow of James 
Gastoun in Templehouse, to pay to Esther Scougall, widow 
of Mr. John Sommervell, minister at St. Boswells, 16 1. 14 s. 
as balance of price of a boll and a half of teind bear for the 
teind of the defender and her husband's lands in the parish 
of Lessudden, crop 1673 ; defender confessed possession 
of the lands. 



Melrose, 1 May 1675 ; Andrew Mar. 

Which day decerns Thomas Cochrain in Newtoun to pay 
to Mr. Thomas Byres, schoolmaster at Melrose, 3 L due to 
George Broun, litster in Edinburgh, for dyeing cloth and 
yarn, the pursuer having a factory from Broun to uplift 
the debt ; and absolves from the rest, the defender denying 
all but the said 3 1. ' quheroff he is to pay 80 s. to Andro 
Phaup.' 

Eodem die decerns Patrick Lukup, wright in Melrose, to 
pay to Robert Ker there 4 1. borrowed from the pursuer 
about three months ago ; defender absent, held as confessed. 

Eodem die absolves Thomas Reidfuird in Melrose from 
action by Margaret Boyd, wife of Adam Darling, portioner 
of Westhouses, narrating that the deceased Thomas Peible 
in Peibles, a trooper, quartered in the pursuer's house, 
who furnished him with necessaries to the extent of 14 1. 
Scots, and the defender being addebted in that amount 



PRICE OF OATS 411 

to the said Thomas Peible undertook to pay the pursuer ; 
but this being referred to his oath, he deponed negative. 

Eodem die decerns George Haistie in Moxpople to pay 
to Andrew Wallace, portioner of Boudoune, 6 1. as the 
modified price of three half firlots of oatmeal and 20 s. for 
a half firlot of oats ' off sharpine corne,' with 40 s. for 18 
sheaves of oats, ' or the 18 sheaves off oatts the nixt 
harvest,' due to the pursuer for certain smith work wrought 
to the defender ; defender confessed ; 24 s. expenses. 

Eodem die decerns Thomas Huntar, merchant in Melrose, 
to pay to James Huntar there 8 L as balance of price of an 
ox bought from the pursuer about six years ago ; and 
absolves him from ' certaine sheip and uther articles con- 
tained in the said persewers claime ' ; for the defender 
deponed ' he tooke the stott out off Ancrum and payed 
3 lib. for the wintring of it, and 3 lib. for tua summers 
grass, and sold it at 14 lib. ; and for the sheip he deponed 
he sold the said persewer 10 hogs at 40 s. the peice and 
receaved a doUor of earnest conditionallie iff he was not 
payed of them befor Midsummer he was to tak his sheip 
againe, quhich he did.' 24 s. expenses. 



Melrose, 8 May 1675 ; Andrew Mar. 

Which day decerns John Quarie in Eildoun to pay to 
George Cairncroce in Ladupmoore 71. 4 s. delivered by 

the pursuer to the defender in last ' when he was 

working in Louthian,' and which was to be given to the 
pursuer's wife, but the defender detained the same ' and 
maid his oune use theroff.' 

Eodem die decerns George EUlies in Danzieltoun and 
Janet Weyman his spouse to pay to James Edgar, fiscal, 
20 1. as a fine for troubling and interrupting William 
Merser, brother german to George Merser alias Laird, 
portioner of Darnick, in peaceable possession of 4 butts of 
land in Danzieltoun contained in a wadset tack between 
Eillies and Merser, whereby the defender gave the pursuer 



412 MELROSE REGALITY RECORDS 

full power to enter thereto at the date of the wadset 

without peril of law, being 26th 1675, and he 

accordingly entered and ploughed the same with his own 
plough ; and decerns him to cease molesting the pursuer 
therein under penalty of 101. for each contravention. 
Proven by witnesses. 

Eodem die decerns James Waughe in Newmaines of 
Danzieltoune to pay to Henry Wallace, smith in Melrose, 
5 1. 13 s. 6 d., with 40 s. for three loads of coals, extending 
to 7 1. 13 s. 6 d., due to the pursuer for smith work wrought 
' this thrie yeirs bypast ' to the defender ; defender absent ; 
18 s. expenses. 

Melrose, 15 May 1675 ; Andrew Mar. 

Which day decerns James Scott in HUslope to pay to 
George Turner in Calfhill 19 1. 6 s. for meal, sheep, etc. 
contained in a particular account, as bought from the 
pursuer ; defender absent, pursuer deponed ; 44 s. ex- 
penses. 

Eodem die decerns John Feirgreive and Janet Lourie 
his spouse in Melrose to pay to James Edgar, portioner 
there, 5 1. as rent of a house in Melrose possessed by them 
from Whitsunday 1674 to Whitsunday 1675, payable 
between Yule and Candlemas 1675 ; defenders absent. 

Melrose, 22 May 1675 ; Mr. Robert Maine. 

Which day decerns Patrick Lukup, wright, portioner of 
Melrose, to pay to James Eillies of Huntliewood, 8 1. 14 s. 
with annualrents and 12 s. expenses, extending to 9 1. 6 s. 
contained in a Ticket by the defender to the pursuer dated 
13 May 1674 ; defender absent, ticket produced ; 24 s. 
expenses. 

Eodem die absolves John Hislope, herd in the Lairdsland, 
from action by Robert Reidfuird in Darnick against him 
for losing to the pursuer ' ane ew with ane lamb ' about a 
month ago, worth 5 1. ; because the defender confessed 



SALE OF WOOD 41« 

he had the ewe in keeping, but the ewe was stolen, and he 
acquainted the pursuer therewith, within twenty-four 
hours, and he never meddled therewith nor knew of her 
whereabouts. 



Melrose, 28 May 1675 ; Mr. Robert Maine. 

Which day decerns John Flaebairne in Lessudden to 
pay to Robert Midlemest in Eildoune 9 1. in complete 
satisfaction of the principal sum of 100 merks with interest 
and expenses contained in Bond by the defender to the 
pursuer ; defences and answers considered. 

Melrose, 5 June 1675 ; Mr. Robert Maine. 

Which day absolves Stephen Mertoun, tailor in Darnick, 
from action by James Mertoun, tailor in Melrose, narrating 
that the pursuer and defender and John Mertoun in Gala- 
shiels bought from George Pringle, younger of Blindlie, a 
certain number of trees, which being divided equally 
among them conform to agreement there pertained to the 
pursuer ' fiftie sparres at 4 s. the sparr and eight scoire of 
bougar staikes at 1 s. the peice, quheroft the said Stephan 
Merton, defender, without the said persewer his licence 
about 3 years since or therby did mak use of sailed and 
disponed therupon at his pleasure ' ; several witnesses 
adduced, but they failed to .prove the complaint. 

Eodem die decerns Patrick Lukup, wright in Melrose, to 
pay to Agnes Ker, servitrix to Mr. Robert Maine of Loch- 
wood, 8 1., with 6 s. for ' elding ' bought from her, the 8 1. 
being the price of ' ane timber stand bed ' intromitted with 
by the defender, which was bequeathed to the pursuer bj' 
deceased Christian Wilsone her mother ; defender absent ; 
16 s. expenses. 

Eodem die absolves William Boustoun, herd in Gatton- 
side, from action by William Bell, portioner, narrating 
that the defender ' haveing all the sheip in the toune of 
Galtounsyd in herding to be keiped be him anno 1673 in 



414 MELROSE REGALITY RECORDS 

the outfeild heirdsell/ lost to the pursuer ' ane old sheip 
and ane hog ' worth 6 1., because the defender denied all 
' but a pocket hoge,' which being referred to his oath he 
deponed ' he compted for all except the forsaid pocket hoge 
which went doune Tweid, and that the persewer wanted 
noe more.' 

Eodem die action by Robert Mein alias Tounhead, 
portioner of Newsteid, and James Edgar, fiscal, against 
Alexander Trotter in Newsteid who has maliciously and 
without warrant ' casten doune ane dyke perteining to 
the said Robert Mein, persewer, lyand from the south eist 
nooke of his houss in Newsteid towards the burne ther,' 
and has also ' sued ane ashe trie perteining to the said 
persewer growand ther and avowed to cutt the samen ' ; 
which dyke and tree should be declared to belong to the 
pursuer, and the defender ordained to repair the dyke, and 
be fined. The pursuers compearing personally, and the 
defender also, with George Wallace his procurator, the 
pursuers produced a report by sworn men of Newsteid, 
dated at Newsteid, 14 May 1675, finding the dyke and tree 
growing thereupon justly to pertain to the pursuer ; signed 
A. M., Andro Mein, James Mein. The defender declared 
' he did noe more but what he did in his fathers tyme,' 
and the pursuer referring the casting doun of the dyke 
to his oath, the defender deferred to the pursuer, who 
deponed ' that he saw the said defender cast doune the 
forsaid dyke ' ; therefore the bailie interpones his decreet 
to the above report, and ordains the defender to mend the 
dyke, declares the tree to be the pursuer's, fines the de- 
fender in 10 1. and ordains him to remain in prison till it 
is paid. 

Eodem die decerns Mark Kylle in Lessudden to deliver 
to James Done, clerk of Kelso, factor to the Earl of Car- 
dross, two bolls of bear, half a firlot of wheat, and three 
pecks of pease, Roxburgh measure, due by the defender to 
George BuUman in Longnewtoun, James BuUman, and the 
heirs and executors of deceased John Purves, his master, 
and arreisted in his hands for debt owing by them to the 



DELIVERY OF OATS 415 

pursuer ; defender confessed owing 2 bolls bear at the time 
of arreistment, and declared ' that the teynd off all his 
comes was drawen,' but this he failed to prove in three 
terms assigned. 



Melrose, 12 June 1675 ; Mr. Robert Maine. 

Which day action by William Boustoune, weaver in 
Galtounsyde, against Alexander Trotter of Eister Hous- 
byre, for delivery of 1^ bolls and a half peck of oats, Rox- 
burgh measure, as the balance of 6 bolls and a full of oats 
and a threave of straw bought by the pursuer from him 
about Martinmas last, all paid for except 9 1. 2 s. ' for quhich 
the said defender hes recovered ane decreet against the 
said persewer.' Pursuer compearing by George Wallace, 
and defender by James Edgar, the pursuer adduced several 
witnesses, who failed to prove the libel, and the bailie 
absolves the defender from delivering the victual alleged 
to be still undelivered. 

Eodem die decerns John Mein, maltman, portioner of 
Newsteid, to pay to Alexander Trotter of Eister Housbyre 
42 s. as modified price of 3 half fulls of oats ' eaten and 
destroyed be the said defender his swyne in harvest last 
1674 ' ; proved by witnesses. 

Eodem die decerns Hew Wilsone, wright in Longhaugh, 
to pay to Thomas Merser in Eister Longlie 3 1. 12 s. for oats 
bought from pursuer at Martinmas last ; defender absent ; 
9 s. expenses. 

Eodem die ' decreett, Andro Penman in Melrois and 
iiscall contra John Letheid, vide the scroll theroff at lenth 
in the proces beirs.' 

Melrose, 19 June 1675 ; Mr. Robert Maine. 

Which day decerns John Lythgow in Newhouses to pay 
to Christopher Dods in Lauder 27 s. as the modified price 
of six quarters of gray, and 10 s. for an ell of white, as the 



416 MELROSE REGALITY RECORDS 

bounty of half a year's service wrought to the defender, 
at least to Marion Hall in Blainslie, which the defender 
promised to pay ; defender absent, pursuer deponed ; 9 s. 
expenses. 

Eodem die decerns John Merser, ' Lochbreast,' in Bridg- 
end, to pay to Peter Fratter, merchant in Edinburgh, 5 1. 
in ticket by defender to pursuer, 29 April 1674 ; defender 
absent, ticket produced ; 15 s. expenses. 

Eodem die complaint by Alexander Trotter of Eister 
Housbjrre and Barbara Eillies his mother against John 
Mein, maltman, portioner of Newsteid, narrating that the 
defender ' by his negligence at the least by the negligence 
oft his servants in his name does dayllie and nightlie molest 
and trouble the saids persewers in the peaceable posession 
off their lands in Newsteid and dayllie and nightlie eats 
and destroyes ther cornes and grass growand therupon by 
the said defender his swjTie.' The bailie ordaias the 
defender to keep the pursuers scatheless, under a penalty 
of 5 1. Scots for each transgression. 



Melrose, 26 June 1675 ; Mr. Robert Maine. 

Which day decerns Andrew Fischer of Wester Housbyre 
to pay to Cornelius Nisbet in Dryburgh 21. 8 s. for four 
apple trees bought from the pursuer about two years ago ; 
defender absent, pursuer deponed. 



Melrose, 3 July 1675 ; Mr. Robert Maine. 

Which day decerns Charles Wattsone, sometime in 
Eister Longlie, now in Ridpeth, to pay to Andrew Stevin- 
stoune, now in Colmslie, sometime servitor to Thomas 
Bell, portioner of Eister Longlie, 9 1. due by the said 
Thomas Bell to the pursuer for services, and arreisted in 
Watson's hands ; defender confessed owing more than 
9 1. to the said Thomas Bell ; 20 s. expenses. 



' EVILL HEIRDING ' 417 

Eodem die decerns the same to deliver to William Nott- 
man in Threipwood, executor to deceased George Nott- 
man his brother, 6 1. due by said Thomas Bell to the 
defunct and arreisted as above ; defender confessed ; 14 s. 
expenses. 

Eodem die decerns the same, as cautioner for said Thomas 
Bell, to pay to William Broune in Cockleferrie 20 merks due 
by Bell to the pursuer for fees ' and service ' ; defender 
confessed ; 2 merks expenses. 

Eodem die absolves John Dausone, younger, in Craix- 
fuird, from action by James Dicksone in Ligirtwood against 
him narrating that the defender ' being heird in Mosse- 
houses throw his negligence and evill heirding did suffer 
and permitt to be lost to the said persewer ane ewe hoge 
in anno 1671 pryce and worth 3 lib. Scotts with her increass 
of lambes wolne and milke since the said year being fouer 
yeirs, inde twelffe punds, extending in the haill to the 
soume off fyftien punds Scotts.' Referred to defender's 
oath, who deponed negative. 

Eodem die decerns Walter Cairncroce, fiar of Allanshawes, 
to pay to Alexander Home, burgess of Lauder, 17 1. as a 
year's rent and duty of a house in Lauder set by the 
pursuer to him and William Cairncroce of Allanshawes, his 
father, and possessed by them from Whitsunday 1673 
to Whitsunday 1674 ; defender absent, pursuer deponed ; 
44 s. expenses. 

Melrose, 10 July 1675 ; Mr. Robert Maine. 

Which day decerns Mallie Boustoune, widow of John 
Merser in Bridgend, to pay to William Mein, smith in 
Newsteid, 36 s. for smith work made to the defender and 
her husband about a year ago ; defender absent ; 6 s. 
expenses. 

Eodem die decerns John Davidsone in Blainslie to pay to 
John Wallace, smith there, 4 merks as the modified price 
of a meikle full of bear, Roxburgh measure, ' and to bring 

VOL. II. 2 u 



418 MELROSE REGALITY RECORDS 

home to the said persewer the number of tua loads of coalls 
within 15 dayes or mak payment to him of 16 s. therfor,' 
for smith work wrought to the defender about a year ago ; 
defender confessed. 

Eodem die decerns Marion Trotter, widow and executrix 
to WilUam Taitt in Ladopmuire, to pay to WiUiam Wilsone, 
weaver in Longhaughe, 100 merks of principal, 10 merks 
of expenses, and due interest, contained in Bond by de- 
deceased Anthony Murray, brother german of Sir William 
Murray of Newton, and said deceased William Taitt as 
cautioner for him, to the pursuer, 8 July 1659 ; bond 
produced, but the defender alleged that the pursuer had 
accepted of a posterior bond in satisfaction of the other, 
and referred it to pursuer's oath, who deponed ' he tooke 
not the last band lybellit in sattisfactione off the first.' 



Melrose, 17 July 1675 ; Mr, Robert Maine. 

Which day absolves Thomas Darleing, portioner of 
Blainslie, from action by John Thine, portioner there, for 
24 s. as balance of a house maUl in Blainslie possessed by 
the defender, Whitsunday 1674 to Whitsunday 1675, and 
20 1. as the violent profits of ' ane haill onsteid of houses ' 
possessed by the defender without the pursuer's licence, 
from Whitsunday last to 10th July inst., ' and sicklyke the 
said defender suffers and permitts his horse to lye out night- 
lie upon the said persewer his cornes to his great prejudice.' 
The defender 'denyed the intrusione that he intruded him 
selffe in the posessione off the houss lybellit and that he was 
not lyable to delyver the key because he fand the key ther ' ; 
and the pursuer referring to his oath, he deponed ' he had 
nothing about the houss but a pair of old creills and tua 
mid tries lyeing within ane untheiked houss, and that he 
had neither straw nor beast in the forsaid houss lybellit ' ; 
so absolves, but decerns for the 24 s. 

Eodem die absolves John Purves, tenant in Drygrange, 
from action by Thomas Merser in Eister Longlie for 



FAULTY WORKMANSHIP 419 

5 1. 10 s. as balance of 30 1. due, and ' ane slip of lining 
yairne ' borrowed by the defender's wife from the pursuer's 
wife, price 10 s. Defender deponed he was owing no- 
thing to the pursuer, and had given another slip for that 
borrowed. 

Eodem die decerns Thomas Lukup, wright in Melrose, 
and George Eillies, wright in Darnick, to pay to Charles, 
Earl of Haddington, and Mr. Robert Maine of Lochwood, 
his factor, 181. 'as the prejudice off nyne couples off 
timber and other workmanshippe wrought be the saids 
defenders to the said persewer at his housses in Danziel- 
toune quhich sometjnne pertained to John Andersone, 
rentaler theroff, and now to the said persewer, sustained 
be the said persewer therby,' the bailie having ordered 
Patrick Lukup and Archibald Frier, wrights, and Andrew 
Mar and John Mein, to visit and report, who found as 
above. The bailie declares the pursuer ' to be frie off the 
bargaine and to imploy whom he pleased for making up 
the work againe.' 



Melrose, 24 July 1675 ; Mr. Robert Maine. 

Which day decerns Robert Eillies in Danzieltoun and 
Katherine Ormstoun his mother to pay to James Eillies, 
' Walkerraw,' portioner of Melrose, 3 1. 12 s. as rent and 
duty of a yard in Danzieltoun possessed by the defenders, 
at 24 s. yearly for three years ; and 6 s. as a day's work 
promised by the defenders ' for the forsaid year ' ; defenders 
absent, pursuer deponed ; 9 s. expenses. 

Eodem die decerns David Uns, portioner of Lessudden, 
to pay to Esther Skougall, widow of Mr. John Somervaill, 
minister at St. Boswalls, a boll of wheat at 17 1., a boll of 
bear or 16 1., 3 half fulls of bear with the fodder or 4 1. 16 s., 
and 2 half fulls with ' ane old peck ' of oats, all Roxburgh 
measure, or 3 1. 13 s. 4 d., with 10 1. of penalty in a Bond, 
Bl August 1674, by defender to pursuer. Defender ab- 
sent ; 4 1. 10 s. 8 d. expense.s. 



420 MELROSE REGALITY RECORDS 

Eodem die absolves John Brotherstones in Blainslie 
from action by William Scott in Smailholme, and James 
Edgar, fiscal, for his interest, narrating that the defender 
' did most thifteouslie steall and away take from the 
said William Scott persewer at the least out off his creills 
from amongst some thirstles (under cloud off night upon 
the 15 day off July instant when the saids persewers and 
the said defender were baitting their horse togidder on 
the back of Soutrahill) when he was sleiping the soume 
off 4 lib. 8 s. 4 d. off turners which was putt into ane salt 
pock, and that the said defender tooke away the salt 
pock alsoe quherintill the samen money was.' The 
defender denied he stole the money ' but gott the samen 
for meall in Gallosheills and that he was goeing to Loudine 
and got ane occasione off bringing a woman from Fuird 
under Lauder.' The pursuer offered to prove that the 
defender ' come over Soutray without any with him,' 
and adduced several witnesses, who deponed ' in manner 
mentioned in ther respective depositiones,' and an assise 
of 15 persons by the mouth of Francis Scott in Colmslie 
their chancellor found it proven that the defender ' brought 
ane woman from Soutrahill behind him.' The pursuer 
referred all to the defender's oath, who deponed he 
took not the money, ' and that he never desyred his 
mother Helen Greive to speak for ane aggriement ' ; so 
absolves. 

Eodem die decerns and declares Robert Eillies in Dan- 
zieltoun fugitive and ordains his moveables to be escheated 
to the fiscal and discharges all persons in the regality to 
reset him, for failing to compear and answer for ' most 
thifteouslie and cunninglie stealling from Georg Eillies 
his brother the number of 8 ellnes off straikines quheroff 
their was 5 ellnes apprehendit, item mair 8 ellnes off 
plaiding and ane halfe quhich is lykewayes apprehendit 
be the said George Blaikie, officer, mair ane ellne off lining 
quhich the delinquent confest he maid use off, item mair 
ane fylle, ane whyte hefted knyffe, ane silk belt, all quhich 
is apprehendit be the said ofiicer.' 



STEALING AND RESETTING 421 



Melrose, 27 July 1675 ; Mr. Robert Maine. 

Which day indictment by James Edgar, fiscal, against 
John Davidsone, herd in Longshaw, who was ' indicted 
and accused for his thifteous stealling resetting and 
concealling off tua lambes from off the ground and lands 
off Longshaw upon the twelffe day off June last, the one 
perteining to Francis Scott of Longshaw and the uther 
pertaining to Walter Clerk, his brother-in-law, and lyke- 
wayes for his thifteous stealling resetting and con- 
cealling off tua ewes with lamb in December last or therby 
from John Thine in Blainslie, which tua ewes brought 
forth tua lambes in his custodie therefter, and the ewes 
were keilled with reid keill by him on the taill, all which 
the said John Davidsone, delinquent, hes allreadie judiciallie 
confest in presence of famous witnesses ; and lykewayes 
being indicted and accused for his thifteous stealling 

resetting and concealling upon the day off last 

bypast or therby off tua hoges from the said John Thine, 

and off ane wadder sheip from Forsyth in Williamlaw, 

and off ane other wadder sheip from James Moffett in 
Drygrainge, the names off the witnesses that were to be 
adduced against him for proveing off the forsaid indict- 
ment were William Davidsone in Blainslie and William 
Rollmainhouss there, William Davidsone in Longshaw 
and Henry Scott ther ; which indictment containing 
the names of the forsaids witnesses togither with the 
names off assysers that were to be upon the said John 
Davidsone, delinquent, his assyse, and the court was 
afBxt to be holden this day, were all given to him in roUe 
be George Blaikie, officer and jaylor, upon the 12 day of 
July instant, who the verry nixt night therefter maid his 
escaipe furth of the Theives holle off Melrois wher he was 
incarcerat.' The pursuer compearing and producing the 
indictment with execution of summons against witnesses, 
and the defender absent, the said George Blaikie declared 
he had broken prison on 13th July inst. and thereby 
taken the guilt upon him ; whereupon the bailie declares 



422 MELROSE REGALITY RECORDS 

him fugitive and discharges his reset and ordains his 
moveables to be escheated. 

Eodem die decerns Francis Scott of Longshaw to deliver 
to John Mertoun in Bridgend a hog pertaining to him, 
delivered about Whitsunday 1674 to John Davidsone, 
delinquent, to be pastured on Longshaw's ground ; pursuer 
deponed the hog was his. 

Melrose, 7 August 1675 ; Mr. Robert Maine. 

Which day decerns James Feirgreive in Hagbume to 
pay to James Taitt in Pillmure 23 1. 4 s. as balance of a 
greater sum due to the pursuer for oats ; defender absent. 

Melrose, 14 August 1675 ; Mr. Robert Maine. 

Which day decerns William Ker of Braidwoodsheill 
to pay to James Loriemer in Birkinsyde 9 1. of fee, 22 s. 
modified for six quarters of gray, 13 s. 4 d. modified for 
' ana old gray coatt,' as fee and bounty for half a year's 
service by the pursuer to the defender, Whitsunday to 
Martinmas 1674 ; defender absent, pursuer deponed ; 
and ordains the defender to find caution to answer the 
pursuer, before extracting, who found John Purves in 
Drygrange cautioner [sic]. 

Eodem die decerns George EUlies, portioner of Dan- 
zieltoun, to pay to Thomas Bowie in Melrose 50 s. for half 
a year's rent of the pursuer's houses in Darnick possessed 
by the defender about two years ago, and 3 1, as a year's 
rent thereof, and 8 1. ' for building oft ane houss in Dan- 
zieltoune perteining to the said defender about Pasch 
last ' ; total, 13 1. 10 s. Defender absent, pursuer de- 
poned ; 36 s. expenses. 

Melrose, 21 August 1675 ; Andrew Mar, bailie-depute 
by dispensation of the Lords of Council and 
Session. 

Which day decerns George Hoy, elder, carrier in Gatton- 
side, to pay to John Hoy there 10 1. for a boll of seed 



' SHEIPS GRASS ' 423 

oats bought from the pursuer at seedtime last ; defender 
absent, pursuer deponed ; 26 s. expenses. 

Eodem die decerns James Waughe in Newmaines of 
Danzieltoun to pay to James Eillies, ' Walkerraw,' in , 
Melrose, 81. 3 s. 4 d. as balance of price of an ox bought 
from pursuer at Lammas 1674 ; proved by witnesses. 

Eodem die decerns James Bowar, portioner of Eildoun, 
to pay to James Waughe in Newmainse of Danzieltoun 
7 I. 12 s. ' as the pryce of 19 sheips grass which the said 
defender was ordained to paye be Andro Chisholme, 
Andro Renneldsone in Damick, John and James Meins 
in Newsteid,' to whom the parties submitted the dispute ; 
referred to defender's oath, who deferred to pursuer, who 
deponed that the arbiters ordained payment of 19 sheep's 
grass ' at 4 lib. the soume,' and that the defender agreed. 
15 s. expenses. 

Melrose, 28 August 1675 ; Mr. Robert Maine. 

Which day decerns William TurnbuU in Bridgend to pay 
to James Edgar, fiscal, 13 1. 10 s. due by him to George 
Eillies in Darnick and arreisted in the defender's hands 
for payment of several sums contained in several decreets 
against George Eillies ; defender deponed he was owing 
only the above. Absolves Walter and John Usher, por- 
tioners of Darnick, from delivery of the corn, crop 1675, 
growing on two acres of land in QuarrelhUl pertaining to 
said George Eillies and possessed by the defenders, and 
arreisted in their hands ; because they declared they were 
owing nothing to Eillies at the time of arreistment. 

Eodem die absolves Thomas Rennick, servitor to Michael 
Fischer, portioner of Darnick, from action by the inhabi- 
tants and burleymen of Darnick against him ; ' vide the 
scroll of the said absolvitor at lenth in the proces.' 

Melrose, 11 September 1675 ; Mr, Robert Maine. 

Which day decerns William Wallace, John Bowar and 
Andrew Phaup, burleymen of the town of Melrose, for 



424 MELROSE REGALITY RECORDS 

themselves and on behalf of the rest of the inhabitants, 
to pay to John Halliwall, ' calsay-layer ' in Edinburgh, 
12 1. 16 s. 10 d. ' for layeing of 3 ruide and 3 quarters 
of a ruide wanting ane ellne at 5 merkis the ruide, and 
8 s. 8 d. of rests unpayed,' as the bailie decerned ' incaice 
it sould be found dew after the measureing of the for- 
said calsay be Andro Mein in Newsteid and Patrick 
Lukup in Melrois, who accordinglie went and measured 
the samen and which was found be them dew to the said 
persewer.' 

Eodem die recognosces, decerns and declares all and 
sundry lands, acres, houses, yards, teinds, muirs, meadows, 
and pertinents, lying in the regality of Melrose, which 
pertained formerly to Michael Fischer in Darnick and were 
by him sold and disponed irredeemably to James Scott of 
Boehill, to pertain and belong to Charles, Earl of Had- 
dington, and be used and disponed by him at his pleasure ; 
because James Edgar, procurator for the Earl, produced 
extract of Scott's sasine, and the defender answered that 
Scott had renounced the said Disposition and lands back 
in his favour, 10 September 1675 ; but Edgar replied that 
this proves that the lands were disponed, and as the 
renunciation contains neither procuratory of resignation 
nor precept of sasine the said James Scott stands last 
infeft. [The irritancy is not expressly mentioned.] 

Eodem die decerns James Laidlaw, sometime servitor 
to James Waughe, now in Eildon, to pay to said James 
Waughe 3 1. ' for being fied with the said persewer to have 
served him from Midsummer last to Mertimes nixt, and 
within sex weiks therefter deserted and left his service.' 
The defender alleged that the pursuer ' putt him to the 
doore and wold have noe more oft his service and since 
syne did freily quyte him ' ; and adduced several witnesses, 
who failed to prove the same ; and referred to pursuer's 
oath, who deponed he did not ' put the defender out of 
the doore.' 



CATTLE TRESPASSING 425 

Melrose, 25 September 1675 ; Mr. Robert Maine. 

Which day decerns Thomas Rennick, servitor to Michael 
Fischer, portioner of Darnick, and Grizel Scott his mother, 
to pay to Thomas Huntar, merchant in Kelso, 40 s. for 
grass which the defender suffered Fisher's bestial to eat 
by reason of his evil herding ; but absolves from the 
corn and others alleged eaten ; witnesses proved the grass 
but no other ; 6 s. expenses. 

Melrose, 16 October 1675 ; Mr. Robert Maine. 

Which day decerns John Winter in Gattonside to pay to 
John Thomson, weaver there, and Thomas Boustoun, elder, 
there, 56 s. ' for proffeit off ane bargaine off oatts bought 
be the saids persewers and the said defender from William 
Fischer in Sorrowlessfeild in June last 1675 ' ; defender 
denied, referred by pursuers to the defender's wife and 
Thomas Burne their servant, who ' confest they hard of 
50 s. and ane halfe peck off meall to take off it, and that 
ther was 4 s. betwixt them ' ; pursuer deponed 56 s. owing 
by the defender ' to him and Thomas Boustoune the uther 
persewer, who referred the wrongouslie intrometting with 
certaine peits estimat to 8 s. and strae to 4 s. to the said 
defender his oath of verritie simpliciter.^ 8 s. expenses. 

Melrose, 23 October 1675 ; Mr. Robert Maine. 

Which day action of declarator by John Thine, por- 
tioner of Blainslie, against John Sounhous, portioner 
there, who granted Bond, 1 December 1671, to the 
pursuer for 400 merks, and 50 merks of penalty, and 
obliged himself to infeft the pursuer in security thereof 
in the half of his merkland in Blainslie called Thomas 
Lyall's land, with moss, muir, pasturage, etc., and in 
the event of nonpayment of interest at the terms due, 
the said John Thine was to enter to real possession of the 
said half merkland at his own hand, or the granter was 
to give him possession and warrant him therein, under 
pain of 100 1. over and above fulfilling the premises. 



426 MELROSE REGALITY RECORDS 

The bond was registered 7 December 1673 and decreet 
given whereby the pursuer stands infeft in the said lands, 
conform to his sasine, 11 July 1673, registered at Jedburgh, 
31 July 1673, signed by William Crombie, keeper of the 
register ; and the pursuer required the defender to pay 
two years' interest or enter him to possession, as attested 
by notarial instrument, 13 October 1675, by James 
Peter, notary, and the defender refused or deferred to 
do the same, so declarator is craved. The pursuer pro- 
duced the foresaid evidents, and the defender being 
absent, the bailie decerns and declares that it is lawful 
for the pursuer to take possession and continue therein 
until the sums foresaid are paid. 

Eodem die decerns the feuars and inhabitants of the 
parish of Melrose to pay to Andrew Mein, mason, portioner 
of Newsteid, their proportions ' contained in the stent 
roUe,' which is produced ; defenders absent. 

Eodem die decerns James Leithen in Galtonside to pay 
to William Anderson, merchant in Melrose, 41. 5 s. for 
merchandise furnished by him to the defender ; defender 
absent ; 12 s. expenses. 

Melrose, 6 November 1675 ; Mr. Robert Maine. 

Which day decerns William Boustoun, weaver in 
Gattonside, to pay to George Frier in Galashiels 4 1. 16 s. 
for a stone of lint bought from the pursuer about a year 
ago ; defender absent ; 14 s. expenses. 

Eodem die decerns Isobel Hynde, widow of Alexander 
Ridpeth, wright in Melrose, to pay to Archibald Frier, 
wright in Gattonside, 40 1, ' as ane years aliament bed and 
board promitted be her to the said persewer ' ; defender 
absent ; 4 1. expenses. 

Melrose, 13 November 1675 ; Mr. Robert Maine. 

Which day decerns Thomas Merser in Eister Longlie 
to pay to John Moffet in Caldsheill 4 1. 18 s. as balance 



MONEY-BEARER ABSOLVED 427 

of price of a white mare sold by the pursuer to him about 
five years ago ; ' because the said soume of 4 lib. 18 s. and 
denyed the rest (being. 7 lib. contained in the lybell) John 
Hall who got right therto from the persewer referred 
the samen to the said defender his oath of verritie sim- 
pliciter, who deferred the samen [to] the persewers oath.' 

Eodem die absolves John Ker in Melrose from action 
by Thomas Huntar, merchant there, narrating that the 
defender ' permitted to be lost to the said persewer 3 lib. 
Scotts off the foirend of 40 lib. intruisted be the said 
persewer to have bein caried be the said defender from 

Lauder upon the day off October last.' The pursuer 

referred it to his oath ' whither or noe he intruisted him 
with 40 lib. to carie from Lauder,' who deponed ' he tooke 
out 24 s. off turners and put in 24 s. of money, and did not 
wrong the defender in 2 d. Scotts.' 

Eodem die decerns David Kylle, ' Childrim,' portioner 
of Lessudden, to pay to Janet Uns in Moxpople 5 1. 6 s. 8 d. 
of harvest fee and bounty for service in harvest 1673 ; 
defender absent, pursuer deponed ; 12 s. expenses. 

Eodem die action by John Halliwall, elder, maltman, 
portioner of Gattonside, against John Halliwall, ' Croce,' 
portioner there, for 100 merks for oats bought from the pur- 
suer about sixteen years ago, with four years' interest, being 
24 merks, extending in all to 124 merks. Pursuer com- 
pearing personally, with George Wallace his procurator, 
and defender also compearing, with William Lythgow 
his procurator, the pursuer referred to the defender's 
oath, who deponed he had paid for all the oats * that 
ever he bought from him, yea twentie pund for the bolle ' ; 
so absolves. 

Eodem die decerns George Mein in Gattonside and 
Margaret Philip his spouse to pay to Andrew Mar, por- 
tioner there, 5 1. 10 s. for seed com sold by the pursuer 
to them last spring ; defenders absent. 



428 MELROSE REGALITY RECORDS 

Melrose, 20 November 1675 ; Mr. Robert Maine. 

Which day decerns John Sklaitte^", portioner of Eildoun, 
to pay to John Mylne, portioner of Newtoun, 3 1. as the 
modified price of 2 lambs delivered to the defender in 
summer last to be ' spained ' ; defender confessed ' the 
lambs come to the toune and that they were stoUen as 
he thought.' 

Eodem die decerns Michael Fischer, portioner of Darnick, 
to pay to Thomas Hunter, merchant in Melrose, 4 1. 18 s, 
as the modified price of 3^ meikle fulls of oats, 33 s. 10 d, 
for 4| copfulls of wheat, 11. 4 s. for grass, eaten on the 
lands of Cooksmeadow possessed by the pursuer, conform 
to estimate by Mark Blaikie and James Eillies in Melrose ; 
pursuer deponed his own beasts were free thereof. The 
defender and George Wallace his procurator alleged a 
later comprising, but failed to produce it. 15 s. expenses. 

Eodem die decerns William Mertone in Westhouses to 
pay to Agnes Mein, widow in Eildon, 1 1. 16 s. which the 
defender got from her for ' leitting ' 6 ells of ' walked ' 
plaiding, and to deliver the cloth or pay its price. Defender 
denied getting any cloth from her, but from Robert Mein, 
brother of Thomas Mein at Edinbhrgh, ' to delyver to 
him, which he did ' ; but confessed getting the money 
from the pursuer. 



Melrose, 27 November 1675 ; Mr. Robert Maine. 

Which day decerns William Boustoun, weaver in 
Gattonside, to pay to John Fischer and Andrew Merser, 
portioners of Darnick, 35 1. 6 s. 8 d. for 2 bolls and 2 
small fulls of oats and a boll of bear bought from the 
pursuers in March last ; defender absent ; 3 1. 14 s. 
expenses. 

Eodem die decerns John Hall in Blainslie to pay to 
Robert Pringle, lawful son of deceased William Pringle 
there, 4 1. 2 s. due by the defender to said deceased 



THEFT NON-PROVEN 429 

William, who died in October last ; defender absent ; 
12 s. expenses. 

Eodem die decerns William Sklaitter in Newsteid to 
pay to James Leithen in Gattonside 5 1. 10 s. of fee from 
Martinmas 1674 to Whitsunday 1675, and 23 s. from 
Whitsunday 1675 to Lammas next ' and a litle therefter ' ; 
referred to defender's oath, who deponed ' he led the 
persewer 8 loads of peitts of bounteth and 24 s. for leiding 
off turfes ' [sic]. 

Melrose, 4 December 1675 ; Mr. Robert Maine. 

Which day absolves Janet Uns, daughter of John Uns, 
tailor in Lessudden, ' from the exceptione propponed be 
James Turner in Drybrughe contained in his depositione, 
viz. that he offered to prove that at the tyme the said 
Jennet was in his service whatever flower or meall shoe 
gotte to mak readie to the use off his famillie she stealled 
pairt of it,' and William Andersone, merchant in Melrose, 
became cautioner for his proving the same, who adduced 
several witnesses, but their depositions do not prove the 
assertion ; and the bailie fines Turner 10 1. 

Eodem die decerns Andrew Cairncroce of Wester Longlie 
to pay to Christian Hill, servitrix to Mr. Charles Ker of 
AbotrouUe, 9 1. 4 s. as fee and bounty for half a year's 
service, Martinmas 1673 to Whitsunday 1674 ; defender 
absent, pursuer deponed ; 24 s. expenses. 

Eodem die decerns Nicol Cairncroce in Hilslope to pay 
to Andrew Mar, portioner of Gattonside, 4 1. 16 s. for 3 
fulls of bear bought from the pursuer at Lammas last ; 
defender absent ; 10 s. expenses. 

Eodem die decerns Thomas Wilkiesone, clerk of the 
regality, to deliver to Thomas Bunzie in Melrose a bond 
in his keeping granted by Alexander Mein, mason in 
Newsteid, to deceased Janet Mein, ' goodam ' to the 
pursuer, in liferent, and to the pursuer in fee, for 24 1. 
Scots, dated ; defender confessed having the same. 



430 MELROSE REGALITY RECORDS 

Melrose, 11 December 1675 ; Mr. Robert Maine. 

Which day decerns William Ker, Thomas and John 
Mylne in Newton, to deliver as follows to Charles, Earl 
of Haddington, Ker 3 bolls of bear, the others 6 firlots 
of bear each, due by them to John Ker of Shaw and 
arreisted at the Earl's instance ; defenders confessed. 
Absolves James Laidlaw in Newton for his ferm bear due 
to said John Ker, because he produced a discharge there- 
for from Ker dated 26 November 1675 and made faith 
thereupon. 



Melrose, 18 December 1675 ; Mr. Robert Maine. 

Which day decerns James Turner in Dryburgh and 
William Andersone, merchant in Melrose, his cautioner, 
to pay to Janet Uns, daughter of John Uns, tailor in 
Lessudden, 4 1. for a half year's fee, and 12 s. for a pair 
of shoes, 8 s. for an ell of linen, and 6 s. for an ell of harden, 
as the bounty thereof, because she was feed to have served 
him from Martinmas 1674 to Whitsunday 1675 and 
entered to his service, but a little thereafter he put her 
away without any offence or just cause ; defender con- 
fessed the agreement ' and that he put the said defender 
[sic] out of his service.' Absolves him and his cautioner 
from the rest of the libel, viz. 40 1. for the defender's [sic] 
aliment. 

Eodem die absolves Archibald Frier, wright in Gatton- 
side, from action by Thomas Moffet, portioner there, 
against him. ' Vide the scroll off the samen at lenth in 
the proces.' 

Melrose, 24 December 1675 ; Mr. Robert Maine. 

Which day decerns John Fischer, portioner of Darnick, 
to pay to Charles, Earl of Haddington, the half of the 
feuduties payable from the acres of land sometime 
pertaining to Michael Fischer, portioner there, and 



DISPUTE re INVENTORY 431 

arreisted in his hands as due to the Earl by Eupham 
Fischer, one of the executors confirmed to deceased 
Grizel Scott her mother ; defender confessed owing as 
much to her as will pay the half of the feuduties. 

Melrose, 1 January 1676 ; Mr. Robert Maine. 

Which day decerns Andrew Fischer of Wester House- 
byre, to pay to Charles, Earl of Haddington, the ferm 
bear, wheat, and feuduties, arreisted in his hands, due by 
Michael Fischer, his brother, to the Earl ; defender con- 
fessed owing as much as would pay the same. 

Eodem die action by Andrew Mar, portioner of Gatton- 
side, and Adam SomervaDl, in Lilestoun, curators to 
Alison Hog, only lawful child of deceased Robert Hog 
in Craigend, against James Hoge in Craigend, her uncle 
and nearest of kin on the father's side, and Simeon Wader- 
stone in Over Houden, her uncle and nearest of kin on 
the mother's side, to concur in making up inventory of 
the estate, in terms of Act 2, Session 3 of the second 
Parliament of King Charles i. Both parties compearing, 
the defenders absolutely refused to concur unless the 
curators left out of the inventory the third article thereof 
bearing the sum of 908 1. 13 s. 4 d. contained in a testament 
dative ad omissa of the minor's deceased father's goods 
given up by the said James Hoge and confirmed by the 

comtnissaries of Edinburgh on August 1663, and the 

pursuers declared they could not omit the same, as the 
testament was standing in force unreduced ; so the bailie 
ordains inventory to be made up by the curators with 
advice and consent of James Edgar, portioner of Melrose, 
and three copies to be subscribed and delivered and 
deposited as required by the said act of Parliament. 

Melrose, 8 January 1676 ; Mr. Robert Maine. 

Which day decerns David Uns, portioner of Lesuden, 
to pay to David Kyle ' Chyldrera ' there and Janet Kyle 
his spouse 8 1. 12 s. ' for sheep,' conform to depositions of 



432 MELROSE REGALITY RECORDS 

John Scot in Bouden and John Cochrane in Lessuden, 
witnesses adduced by the pursuers ; and for proving the 
rest of the Hbel the bailie assigns them 10th February next. 

Eodem die decerns Thomas Lythgow, portioner of Mel- 
rose, and Elizabeth Scot his spouse, to pay to Andrew 
Penman there, and Bessie Hoge his spouse, 5 1. 8 s. as the 
balance of ' ane years nurss [?] fie ' ; defender confessed 
this, and denied the rest of the libel. Absolves from the 
rest. 

Melrose, 15 January 1676 ; Mr. Robert Maine. 

Which day decerns John Hoge, weaver in Melrose, to 
pay to William Shillinglaw in Clakmae 6 1. 5 s. for 1 stone 
6 lb. weight of wool bought from the said William at 
Lammas 1674 ; defender absent. 

Eodem die decerns Alexander Sheill in Craiksfurd to 
pay to James Sheell, tacksman of the mills of Ersiltone, 
and assignee to Mr. John Lythgow, portioner of Ridpeth, 
the double multure of the oats abstracted from the mills 
of Ridpeth, ' to quhich thirle the said James Sheill is 
assigned be the said Mr. John ' ; referred to defender's 
oath, who deponed negative ' as to his growing and got a 
boll of oats from John Purves and brought it for his work ' ; 
so the bailie decerns in manner foresaid [sic] and modifies 
' ane copfuU and a halfe of meall.' 

Eodem die decerns Thomas Merser in Eister Langlie to 
pay to Robert Troter in Scarlaw in Lamermoore 10 1. 10 s. 

for pasturing and grassing 80 lambs in the year ; 

defender confessed 70 lambs and denied the rest. Pursuer 
adduced James Moffet, who deponed there were 40 of 
Drygrange's, but whether 30 or 40 of the defender's he did 
not know. ' The said Thomas Merser being present and 
sworne deponed ther about 30 of his and that they [sic] 
3 s. ilkane and that he payed tua dollers to his man of it, 
quhich he refered to his oath. The said Robert Troter 
being present and sworne deponed he never receaved the 
2 doUors nor lost none of his lambs.' 28 s. expenses. 



CASE OF A WOMAN-SERVANT 433 

Eodem die decerns Margaret Blaikie, widow of George 
Mudie, portioner of Darnick, to pay to John Wilsone 
' beyond the Greine ' in Galashiels 4 merks as balance of 
price of oatmeal bought by her and her husband from the 
pursuer ; defender absent, pursuer deponed. 

Melrose, 22 January 1676 ; Mr. Robert Maine. 

Which day decerns Thomas Meine in EUdon to pay to 
John Bryden in Lesuden 21. 6 s. 8 d. as the balance of 
three half years' fee wrought for by Agnes Briden ; referred 
to defender's oath, who deponed he was resting nothing to 
the pursuer but 31. 6 s. 8 d. and alleged he wanted 45 
days' service of the pursuer, who being present confessed 
' shoe was not able to make service.' The bailie modified 
20 s. for the 45 days. 

Eodem die absolves Thomas Huntar, merchant in Mel- 
rose, from action by Michael Gibsone, flesher there, who 
on 16 December last bought from Hunter four ' wader ' 
sheep at 4 1. 6 s. 8 d. apiece, two of them to be delivered at 
Yule and two on 1 January inst. and gave him 6 s. 8 d. 
of earnest, and their condition was that Gibson ' should 
take the forsaid 4 wader sheep sua bought out from 
amongest eight sheep perteaning to the said Thomas and 
quhilks were pasturing upon the ground and lands of 
Melrois.' Defender confessed the bargain, and alleged he 
offered the four sheep 3 or 4 times upon payment, and 
adduced Thomas Law and Andrew Olipher, who both 
deponed to hearing the defender offer the sheep to the 
pursuer 2 or [3] days before Yule, who answered ' the tyme 
was not come.' The pursuer referred delivery of the 
sheep to the defender's oath, who deponed ' he keiped the 
sheip to the tyme lybellit and offered them to the persewer 
at the tyme lybellit conforme to ther agriement.' 

Eodem die action by William Bell, portioner of Gatton- 
side, and James Edgar, fiscal, for his interest, against 
Thomas Moffet, portioner of Gattonside, who on October 
last took violent possession of a rig of land in Gattonside 

VOL. II. 2 E 



434 MELROSE REGALITY RECORDS 

pertaining to the pursuer and possessed by hina for the last 
50 years without interruption, and has tilled, sown and 
harrowed the same, and so ought not only to remove, and 
repossess the pursuer, but be fined conform to his fault. 
Both parties compearing, the defender confessed possession 
but alleged that the pursuer • gave over the same to him,' 
and adduced several witnesses, who failed to prove it ; 
so decerns him to repossess the complainer therein, and pay 
to the fiscal 10 1. of fine. 



Melrose, 29 January 1676 ; Mr. Robert Maine. 

Which day by commission from the provost and bailies 
of Edinburgh to the said bailie depute of regality dated 
31 December 1675, to take the oath of Cornelius Nisbet, 
gardener in Dryburgh, as to what he owed to George 
Cockburne, baker in Edinburgh, the said Cornelius com- 
peared, and being asked ' if he was awand to the said 
George Cockburne the said soume of 10 1. Scots or more, 
deponed he was resting awand nothing to the said George 
Cockburne nor never was all his life.' 

Eodem die decerns Andrew Wilsone, mason, portioner of 
Newsteid, to pay to James Edgar, fiscal, 50 1. of fine for 
blooding and striking Robert Bunzie, mason there ; 
defender absent, held as confessed. 

Eodem die decerns William Sueit in Eilliestone to pay 
to Patrick Mark in Lessudden 41. 9 s.; defender absent, 
held as confessed ; pursuer deponed. 



Melrose, 5 February 1676 ; Mr. Robert Maine. 

Which day decerns Isobel Hall, Thomas Darling, younger, 
in Blainslie, Thomas Darling there, Walter Donaldsone, 

and John Smyth, to pay to 29 t. 3 s. according to 

their respective proportions contained in an account ; 
defenders all absent ; expenses 3 s. for each £ of principal. 



SETTING OF MARCH STONES 435 

Eodem die decerns Andrew Oliphar in Melrose to pay to 
Michael Gibsone there 31. 6 s. for tallow and others fur- 
nished by him to Oliphar ; defender absent. 

Eodem die complaint by James Edgar, fiscal, against 
John Coit, officer of Lessudden, John Mylne, officer of 
Newtone, John Sclaiter, officer of Eildone, John Meine, 
officer of Newsteid, George Blaikie, officer of Melrois, 
Andrew Chisholme, officer of Darnike, Andrew Mar, officer 
of Galtonsyde, and Andrew Kennedie, ' officer of the High 
lands of Melrois land,' craving that the bailie would ' in 
all tyme heirefter discharge the saids officers and ther 
successors in ther offices from seting of any march stones 
betuixt neighbour and neighbour in ther respective bounds 
untill first the partie greived make applicatione to the 
baillie and the court of ther greivance and the baillies 
reference to the suorne men and uthers who best knowes 
the verity in the plaice, and efter they have visited the 
same and reported the persone that hes done wrong may 
be punished and the same remayne in retentis, and lyke- 
wayes give in ther executione against all persones they 
sumond for the leidges and the courts warrand as the 
shereife officers arid uthers doeth.' The bailie ' discharged 
the officers from setting of march stones heirefter efter 
the actione is intented or except both parties concerned 
consent, and ordained the samyne to be ane act of court.' 



Melrose, 12 February 1676 ; Mr. Robert Maine. 

Which day decerns William Ecles in Newtone to pay to 
Mark Blaikie, portioner of Melrose, 41. 5 s. 4 d. ' for 
several particulars ' ; defender denied, but it being re- 
ferred to his oath he refused to depone. 



Melrose, 19 February 1676 ; Mr. Robert Maine. 

Which day absolves Janet Huntar, widow of John Pringle 
in Soutrahill, and Thomas Borthwicke in Creichtounedeane, 
now her husband, and John Huntar, cordiner in Melrose, 



436 MELROSE REGALITY RECORDS 

their cautioner, from action by Thomas Huntar, younger, 
portioner of Lessudden, and Isobel Fischer his spouse, 
against them. ' Vide the scroll of the samyne at lenth in 
the proces.' 

Eodem die decerns James Waugh in Newmaynes of 
Danzieltone to pay to Michael Gibsone in Melrose 9 1. 7 s. 
or allow the same in the fore end of 9 1. 11 s. of principal 
and 36 s. expenses contained in a decreet obtained by the 
defender against the pursuer, 26 March 1674, and the 
pursuer to pay the surplus. Complaint proved by wit- 
nesses ; 14 s. expenses ' besyde the ordinar.' 

Eodem die decerns George Wallace, notary in Melrose 
(and John Ker of Shaw for his interest) to deliver up to 
Thomas Wilkiesone, clerk of Melrose, a Tack made between 
said John Ker, defender, and Thomas Huntar, merchant 

in Melrose, dated February 1674, of an acre of land in 

the Quarrelhill with the pertinents, his writing fee being 
paid, so that the deed may be registered and both parties 
have extracts ; Ker absent, Wallace confessed having the 
deed. 

Eodem die decerns James Lyndsay in Galtonsyde to pay 
to John Andersone, portioner of Ridpeth, 10 1. 4 s. as 
balance of price of bear bought from pursuer in 1675 ; 
defender absent, held as confessed, and pursuer deponed, 
' except tuo dayes casting of turfes and four dayes thresh- 
ing, for quhich the baillie modified 10 s. for the turfes and 
16 s. for the threshing to be deduced.' 



Melrose, 26 February 1676 ; Mr. Robert Maine. 

Which day decerns John Uns, tailor in Lessudden, to 
pay to Janet [?] Adamsone in Bouden 8 small fulls of bear, 
or 8 1. as the price thereof, as a year's ferm of an acre of 
land there set by the pursuer to the defender, anno 1675, 
and payable between Yule and Candlemas last ; defender 
confessed. 



SHEEP-WORRYING 437 

Eodem die decerns George Blaikie in Melrose to pay to 
John Fischer and Andrew Merser, portioners of Darnike, 
40 s. as his proportion of the agreed price of a half boll of 
malt bought by him from them about two years ago ; 
referred to defender's oath, who deferred to pursuer's 
oaths, who adduced Thomas Bowie and James Lamb as 
witnesses, and proved the claim. 

Eodem die decerns James Atchiesone in Clakmae to pay 
to William Shillinglaw there 11 1. 4 s. for certain particu- 
lars ; and absolves from the rest acclaimed. Referred to 
defender's oath, who deponed ' as his- depositione beirs.' 

Eodem die decerns John Meine, multurer in Newsteid, to 
pay to Alexander Troter of Eister Housbyre and Barbara 
Eillies, his mother, 24 1. Scots for damage done by the 
defender's swine, and also a fine of 10 1. The bailie 
remitted the matter to Andrew Mar, Andrew Chisholme, 
John Mylne and John Sclaiter, who gave in their report. 



Melrose, 4 March 1676 ; Mr. Robert Maine. 

Which day decerns Thomas Huntar, merchant in 
Melrose, to pay to George Blaikie, officer there, 43 s. for 
certain particulars ; because Blaikie being asked if he got 
payment from James Huntar, deponed negative. 

Eodem die decerns George Pringle in Lessudden to pay 
to *Mark Kyle there 4 merks as the price of ' ane gimer 
sheep ' worried and killed by the defender's dog ; and 
absolves from the rest of the complaint. Pursuer adduced 
John Stodart, herd, who deponed ' he saw the defenders 
doge eating ane of the persewers sheep lybellit but knawes 
not if he wirried it or any moe and that it was befor Mer- 
times gaine three years.' 

Melrose, 11 March 1676 ; Mr. Robert Maine. 

Which day decerns John Moss and Andrew Renneldsone, 
portioners of Darnike, and burlamen, for themselves and 



438 MELROSE REGALITY RECORDS 

the rest of the inhabitants, to pay to Andrew Kennedie, 
portioner there, 34 s. for certain particulars ; Renneldsone 
denied owing the pursuer anything, but pursuer answered 
' by the oath he had made at his admissione the toune 
imployed him and was resting him the soumes lybellit.' 

Eodem die decerns James Boustone alias Wynd in Gal- 
tonside to pay to John Halywall, elder, maltman, portioner 
there, 18 1. borrowed from the pursuer about twelve years 
ago ; referred to pursuer's oath, who deponed the defender 
was and is owing 181. and four years' interest, and denied 
that the defender's wife paid him 4 1. of it by drink ; 40 s. 
expenses. 



Printed by T. and A. Constable, Printers to His Majesty 
at the Edinburgh University Press 



REPORT OF THE TWENTY-SEVENTH 

ANNUAL MEETING OF THE 

SCOTTISH HISTORY SOCIETY 



The Twenty-seventh Annuat- Meeting of the Society was 
held in Dowell's Rooms, Edinburgh, on 6th December 1913, 
— Sir James Balfour Paul, Lyon King of Arms, presiding. 
The Secretary read the Report of the Council as follows : — 

During the past year seven members have died, and eleven 
have resigned. 

The list of applicants for Membership is exhausted, and 
sixteen vacancies remain unfilled. This happily unprecedented 
state of affairs is, in the opinion of the Council, mainly due to 
the serious delays in the issue of the Society's publications. 
Special efforts are being made to overtake all arrears, and it 
is hoped that the Society may speedily regain what it has 
thereby lost of public confidence. 

The Scots in Poland, which ought to have appeared in 
1907-1908, is now all, including the Editor's Introduction, 
in type, and may be counted on to appear in course of the 
curi'ent financial year. 

Mr. W. B. Blaikie's Origins of the '45, promised for 1909- 
1910, is unfortunately not yet ready, but the Council earnestly 
hope that the delay will not be much longer. 

The first issue for 1910-1911, Accounts of the Chamberlains 
and Granitars of Cardinal David Beaton, is the only volume 
issued since the last General Meeting. 

The Council have decided to rearrange the authorised forth- 
coming publications of the Society so that those which it has 
been found practicable to complete at earlier dates may 



not be kept waiting for othei-s which from various causes 
require longer to produce. Accordingly, the second issue 
for 1910-1911 will be Mr. J. R. N. Macphail's Highland 
Papers, volume i., which is all in print, and the Index in 
preparation. 

For 1911-1912 the first issue will be Mr. Romanes' Selections 
from the Records of the Regality of Melrose, volume i., of 
which the text is all in print and the Introduction nearly 
ready. The second issue for that year will be Selections from 
Bailie John Steuarfs Letter Booh, formerly announced for 
1910-1911. 

The books for 1912-1913 will be (1) Mr. J. S. Clouston's 
Records of the Earldom of Orkney ; (2) the second volume of 
Wariston''s Diary. 

All the above-named books are well advanced at press. 

For the current year, 1913-1914, it is proposed to issue — 

1. Highland Papers, volume ii., edited by J. R. N. 
Macphail, K.C. 

2. Rentale Dunkeldense, being the Accounts of the Chamber- 
lains of the Bishopric of Dunkeld, a.d. 1506 to 1517, from 
the MS. in the Advocates' Library, edited by R. K. Hannay. 

Sir James Balfour Paul has undertaken to edit for the 
Society a volume of letters written by the Earl of Orkney 
during Marlborough's campaigns ; and other important MSS. 
are under consideration. 

The Members of Council retiring by rotation are Mr. C. S. 
Romanes, Sir G. M. Paul, and Mr. Ralph Richardson. It 
is recommended that the two former be re-elected, and the 
remaining vacancy filled by the election of Mr. R. K. Hannay. 

Mr. A. F. Steuart, owing to illness and the prospect of 
a prolonged absence from Scotland, has placed his resignation 
as Joint Secretary in the hands of the Council. It has been 
accepted with great regret, and with an expression of the 
Council's sense of the great value of his services to the Society. 



8 

At request of the Council Mr. R. K. Hannay, Curator of 
the Historical Department in H.M. Register House, has 
kindly consented to act as assistant Secretary ad interim. 

The Accounts of the Hon. Treasurer, of which an abstract 
is appended hereto, show that the balance in the Society's 
favour on 11th November 1912 was ^860, 7s., the income 
for 1912-1913 £534, 14s. lid., the expenditure J'408, 5s. 4d., 
and the credit balance on 11th November 1913 £976, 16s. 7d. 

The Chairman, in moving the adoption of the Report, said he 
did not see why he should have been put in the forefront of the 
battle, for he was in the unfortunate position, for the first time in 
the case of any chairman of a meeting of the Society, of having to 
come before it in a somewhat apologetic mood. He wished the 
duty could have been relegated to the President of the Society 
(Lord Rosebery), whose words, always so charming, would have 
disarmed any criticism. He had to confess that the Society's 
work was too much in arrear. But that arose from a series of 
circumstances over which neither the Secretary nor the Council 
had any control. Both had done their utmost to stir up lagging 
editors, but circumstances had been too much for them. How- 
ever, they hoped to overtake the whole arrears this year, and in 
the meantime they had got two volumes printed, to which he 
should presently allude ; and the Scots in Poland, which had been 
hanging fire for a long time, was now, as they would see from the 
Report, printed, and (as the Council hoped) to be issued this year. 
As for Mr. Blaikie's Origins of the 'Forty-Five, he could only say 
that he hoped that Mr. Blaikie, who was the acknowledged master 
of that period, would be able to give them it as soon as he had 
discovered the last button of Prince Charles's waistcoat, and had 
sewed it on. Coming to the books that were on the eve of publi- 
cation, he had them on the table before him, and he should in the 
first place call their attention to the volume of Highland Papers, 
edited by Mr. Macphail. It was a very interesting book. In the 
first place, they had there a history of the Macdonalds, containing 
a great deal of information as to the manners and customs of the 
clan, and throwing much light upon the personal characteristics 
of the various individuals mentioned. Then they had a history 
of the Macnaughtons, and a short account of the family of Calder. 



4 

After that they had a long series of papers relating to a very 
strange event — the murder of the laird, John Campbell of Calder, 
in 1592, by Campbell of Ardkinglass. The most curious thing 
about this was that it was the result of the same plot which led to 
the murder of the Bonnie Earl of Moray, at Donibristle, and the 
two assassinations were effected within a few days of each other. 
After that they had a paper on the genealogy of the Macras or 
Macraes, in which they were told of a Constable of Eilan Donan 
of earlier date than the one of whom they had more recently 
heard so much, and would find quaint personal sketches of several 
members of the clan. The volume closed with a series of papers 
relating to the Macleans of Duart, a clan which had always held 
an important position in the West Highlands. 

Turning to the other work before him, the Records of the 
Regality Court of Melrose, edited by Mr. Romanes, he might say 
that it was a very interesting record, extending from 1605 to 
1651, of one of those local Courts in which much genuine if 
rough justice was administered. If there were no such exciting 
passages in this book as in the one of which he had been 
previously speaking, in which all the Ten Commandments were 
broken, there was, on the other hand, a most instructive account 
of the condition of the people in the more settled parts of Low- 
land Scotland. The cases adjudicated upon were mainly con- 
cerned with debts, occasional but not numerous brawls, the 
registering of certain Bonds, and Indentures of apprentices. 
There were many persons and places mentioned in the record 
which could not fail to be of great use to the student of family 
history or local topography. 

Sheriff Scott Monchieff seconded the motion. They all, he 
said, regretted the retirement of Mr. Francis Steuart from the 
assistant secretaryship, in which position he had done much 
good work. 

Mr. George Lorimer directed attention to the fact that the 
Burgh Record Society was now extinct, and asked if it would not 
be expedient to approach some of the Town Councils in Scotland 
with the view of arranging to assist them with the publication of 
their records. The subject was remitted to the Council for 
consideration. 

A vote of thanks to the Chairman, proposed by Mr. Traquair 
Dickson, W.S., terminated the proceedings. 



ABSTRACT OF THE HON. TREASURER'S 
ACCOUNTS 

For the Year ending \5th November 191S 

I. Charge. 

I. Balance from previous year — 

(1) In Bank on Deposit Receipt^ £800 

(2) In Bank on Current Account, 50 7 

£850 7 

II. Subscriptions, viz. — 

(1) 394 subscriptionsfor 1912-13, £413 14 

1 in arrear for 1910-11, . 110 

12 in arrear for 1911-12, . 12 12 



£427 7 
Less 30 in arrear and 8 in 

advance for 1912-13, 39 18 



387 9 



(2) 9S Libraries, . . . £97 13 

4 in arrear for 191 1-12, 4 4 

2 in advance for 1913-14, . 2 2 



£103 19 
Less 2 in arrear for 1912-1.?, 2 2 



101 17 

III. Copies of previous issues sold to New Members, 12 15 6 

IV. Interest on Deposit Receipts, . . . 32 13 5 



Sura of Charge; . . £1385 1 11 



II. DiSCHAROE. 

I. Incidental Expenses — 

(1) Printing Cards, Circulars, and 

Reports, .... 

(2) Stationeryand Receipt Book, 

(3) Making-up and delivering 

Publications, 
(4)) Postages of Secretaries and 
" Treasurer, .... 

(5) Clerical Work and Charges on 

Cheques, .... 

(6) Hire of Room for Annual 

Meeting, .... 



II. Rentale Sancti Andres — 

Composition, Printing, and 

Paper, 535 copies, . . £70 11 

Proofs and Corrections, . 

Facsimile Reproductions, 

Binding Stamps, 

Binding 535 copies, at 8d. per 
copy, ... 

Indexing, 



£7 7 
1 14 



6 




11 16 


s 




4 12 


2 




2 7 


9 




1 6 



— £29 4 


I 



23 16 









5 7 









13 


6 






17 16 


8 






6 10 









£124 14 


2 




52 13 














72 1 


2 



Less paid to account- 
Oct. 1912, . 



III. Papers relating to the Scots in Poland. 
Expense to date, — 
Composition, . . . . £81 6 
Corrections, . . . . 38 6 
Engraving Map, 5 5 



Carryforward, £124 17 0£101 5 3 



Brought 


forward, 


. £124, 17 0£101 5 S 


Less paid to account — 




Oct. 1908, . 


. £77 17 





Oct. 1909, . 


. 12 5 





Oct. 1910, . 


. 7 2 





Oct. 1911,. 


. 7 16 




in*; n n 






■ 19 17 



IV. Miscellaneous Narratives relating to the '4,5. 
Expense to date, — 
Composition, . . £58 1.3 6 

Corrections, . 38 14 6 



£97 8 
Less paid to account — 

Oct. 1910,. . £39 12 6 
Oct. 1912, . . 52 19 6 

92 12 



4 16 



V. Johnston of Wariston's Diary, Vol. II. 
Expense to date, — 
Composition, . . . 20 5 

VL Miscellaneous Documents relating to the Highlands. 

Expense to date, — 

Composition, . . £52 5 

Corrections, . . . 32 8 

Transcribing, . . . 33 6 7 

117 19 7 



VI L Selections from the Letter Book of Bailie John 
Steuart. Expense to date, — 
Composition, . £22 18 

Corrections, 4 14 

Transcribing, . . . 20 

47 12 



Carryforward, . £311 14 10 



8 

Brought forward, . . £311 14 10 

VIII. Orkney and Shetland Writs — 

Composition, .... £29 11 



Corrections, . , . . 4 6 



IX. Melrose Regality Books — 

Composition, .... £51 10 
Corrections, . . . 11 3 6 



33 17 



62 13 6 



£408 5 4 



X. Balance to next account — 

(1) On Deposit Receipt, . . £950 

(2) On Current Account, . . 26 l6 7 



976 16 7 



Sum of Discharge, . £1385 1 11 



Edinburgh, 2^tk November 1913. — Having examined the Accounts of the 
Hon. Treasurer of the Scottish History Society for the year ending loth 
November 191 3, of which the foregoing is an Abstract, we find the same to be 
correctly stated and sufficiently vouched, closing with a balance of ;f 976, l6s. 7d. 
in Bank, whereof ;^950 is on Deposit Receipt, and £2(>, i6s. 7d. is on Current 
Account. 

Ralph Richardson, Auditor. 

Wm. Traquair Dickson, Auditor. 



^cottigt) ^i&toxv ^otittv 



LIST OF MEMBERS 

1914-1915 



LIST OF MEMBERS 

Adam, Sir Charles E., Bart., 5 New Square, Lincoln's Inn, 

London, W.C. 
Agnew, Rev. A. T., 6 Severn Terrace, Shrewsbury. 
Aikman, W. Keith, LL.B., W.S., 28 Queen Street, Edinburgh. 
Aitken, Alfred N. G., S.S.C, 37 Queen Street, Edinburgh. 
Allan, J. G., Redtower, Helensburgh. 
Anderson, Archibald, 30 Oxford Square, London, W. 
Anderson, J. N., Provost of Stornoway, 1 Strathfillan Road, 

Edinburgh. 
Anderson, James R., 14 Fothringham Road, Ayr. 
Anderson, W. H., 13 Woodside Terrace, Glasgow. 
10 Angus, William, Record Dept., General Register House, 
Edinburgh. 
Anstruther-Gray, Major W., M.P., Kilmany, Fife. 
Archibald, Adam, Overshiels, Stow, Midlothian. 
Argyll, The Duke of, Inveraray Castle, Argyllshire. 
Arnott, Mrs., 8 Rothesay Place, Edinburgh. 
AthoU, The Duke of, Blair Castle, Blair Atholl. 

Bain, Walter, Derclach, Ayr. 
Baird, J. G. A., Wellwood, Muirkirk. 
Baird, William, Clydesdale Bank, Portobello. 
Balfour, Rt. Hon. A. J., Whittingehame, Prestonkirk. 
20 Balfour, C. B., Newton Don, Kelso. 

Balfour, F. R. S., of Dawyck, Stobo, Peeblesshire. 
Ballingall, William, 9 Dudhope Terrace, Dundee. 
Barron, Rev. Douglas Gordon, Dunnottar Manse, Stonehaven. 
Bartholomew, John, LL.B., Advocate, 56 India Street, 

Edinburgh. 
Begg, Ferdinand Faithfull, 24 Lansdowne Road, London, W. 
Begg, Peter, Dunrona, 5 Hermitage Drive, Edinburgh. 
Beveridge, Erskine, LL.D., St. Leonard's Hill, Dunfermline. 
]51;ick, John S., Lli.D., 6 Oxford Terrace. IMinburgh. 



LIST OF MEMBERS 3 

Blaikie, Walter B., LL.D., 11 Thistle Street, Edinburgh. 
30 Bolton, John A., 10 Dean Terrace, Edinburgh. 

Bonar, Horatius, W.S., 3 St. Margaret's Road, Edinburgh. 

Bontein, J. S., Glencruitten, Oban. 

Boyle, Col. the Hon. R. E., 95 Onslow Square, London, S.W. 

Brown, Prof. Alex. Crum, LL.D., 8 Belgrave Crescent, Edinburgh. 

Brown, J. A. Harvie, LL.D., Dunipace House, Larbert, 
Stirlingshire. 

Brown, Professor P. Hume, LL.D., 20 Corrennie Gardens, 
Edinburgh. 

Brown, Richard, C.A., 23 St. Andrew Square, Edinburgh. 

Bruce, Alex., Clyne House, Sutherland Avenue, Pollokshields. 

Bruce, James, W.S., 20 Great King Street, Edinburgh. 
40 Bryce, Right Hon. Viscount, Hindleap, Forest Row, Sussex. 

Bryce, William Moir, Dunedin, Blackford Road, Edinburgh. 

Buchan, John, M. A., Barrister, 76 Portland Place, London, W. 

Buchanan, Rev. A. Gray, 8 Reginald Terrace, Leeds. 

Buchanan, G. A., Gask House, Auchterarder. 

Burns, Alan, B.A., Advocate, Cumbernauld House, Cumber- 
nauld, Glasgow. 

Burns, Captain John William, Leesthorpe Hall, Melton Mow- 
bray. 

Burns, Rev. Thos., D.D., Croston Lodge, Chalmers Cres., Edin. 

Burnside, W., The Croft, Bromley Road, Catford. 

Bute, The Marquis of, Mountstuart, Isle of Bute. 

50 Cairns, Adam, 21 Monreith Road, New lands, Glasgow. 
Caldwell, James, Craigielea, Paisley. 
Cameron, Dr. J. A., Firhall, Nairn. 

Campbell, A. B., W.S., 6 Lansdowne Crescent, Edinburgh. 
Campbell, D. S., National Bank, Montrose. 
Campbell, Sir Duncan, Bart., of Barcaldine, l6 Ridgway Place, 

Wimbledon, London, S.W. 
Campbell, J. H. Mayne, Oriental Club, 18 Hanover Square, 

London, W. 
Campbell, Captain John, of Kilberry, Argyllshire. 
Campbell, P. W., W.S., 25 Moray Place, Edinburgh. 



4> LIST OF MEMBERS 

Carmichael, Right Hon. Lord, of Skirling, Malleny, Balerno. 
60 Carmichael, Evelyn G. M., Lilleshall Old Hall, Newport, 
Salop. 

Carrick, J. Stewart, c/o Jas. Glen, 26 Bothwell Street, Glasgow. 

Chambers, W. & R., 339 High Street, Edinburgh. 

Christie, Rev. George, B.D., 24 Inverleith Terrace, Edinburgh. 

Christie, Walter C, of Bedlay, Chryston, Lanarkshire. 

Clark, James, C.B., K.C., 10 Drumsheugh Gardens, Edinburgh. 

Clark, J. T., Crear Vil]a,Ferry Road, Edinburgh, Hon. Treasurer. 

Clarke, Rev. T. E. S., Saltoun Manse, East Lothian. 

Clouston, Sir T. S., M.D., 26 Heriot Row, Edinburgh. 

Conner, Preston Marshall, 447 North 42 Street, Philadelphia, 
Pa., U.S.A. 
70 Constable, Archibald, LL.D., 11 Thistle Street, Edinburgh. 

Cormack, Donald Stewart, Daily Record Office, Edinburgh. 

Cowan, George, 1 Gillsland Road, Edinburgh, 

Cowan, J. J., 38 West Register Street, Edinburgh. 

Cowan, John, W.S., St. Roque, Grange Loan, Edinburgh. 

Cowan, William, 47 Braid Avenue, Edinburgh. 

Craig, William, County Clerk, County Buildings, Edinburgh. 

Crawford, Donald, K.C., 35 Chester Street, Edinburgh. 

Croall, R. Douglas, Craigcrook Castle, Blackball. 

Crockett, Rev. W. S., The Manse, Twe'edsmuir. 
80 Crole, Gerald L, K.C., 1 Royal Circus, Edinburgh. 

Cross, Robert, 13 Moray Place, Edinburgh. 

Cross, W. Irvine, B. and O. Buildings, Baltimore, Mary- 
land, U.S.A. 

Cunningham, Captain, Leithen Lodge, Innerleithen. 

Cunningham, Andrew S., 13 Granby Road, Edinburgh. 

Cunningham, George, Advocate, The Square, Kingsley Green, 
Haslemere, Surrey. 

Curie, James, W.S., Priorwood, Melrose. 

Cuthbert, Alex. A., 11 Alexandra Place, St. Andrews. 

Dalgleish, John J.,Brankston Grange, Bogside Station, Stirling. 
Dalrymple, Hon. Hew H., Lochinch, Castle Kennedy, 
Wigtownshire. 



LIST OF MEMBERS 5 

90 Davidson, J. M., County Buildings, Lanark. 
Davidson, J., Solicitor, Kirriemuir. 
Davies, J. Mair, C.A., Sheiling, Pollokshields, Glasgow. 
Dickson, Walter S., Advocate, 3 Royal Circus, Edinburgh. 
Dickson, William K., LL.D. Advocate, 8 Gloucester Place, 

Edinburgh. 
Dickson, Wm. Traquair, W.S., 11 Hill Street, Edinburgh. 
Dinwoodie, Rev. James, Trinity Manse, Kelty, Fife. 
Doak, Rev. Andrew, M. A., Struan, Carr-Bridge, Inverness-shire. 
Dodds, Sir J. M., K.C.B., 11 Nevern Square, London, S.W. 
Donaldson, Sir James, D.D., LL.D., Principal, St. Andrews 

University. 
100 Douglas, Major-General B. C, 13 Manchester Square, London. 
Douglas, William, 9 Castle Street, Edinburgh. 
Douglas, W. D. Robinson, Orchardton, Castle Douglas. 
Dowden, John W., M.B., CM., 48 Manor Place, Edinburgh. 
Duff, T. Gordon, Drummuir, Keith. 
Duncan, John, 8 Lynedoch Place, Edinburgh. 
Dunn, Robert Hunter, 4 Crown Terrace, Glasgow, W. 

Edwards, John, 4 Great Western Terrace, Glasgow. 
Eguilles, The Marquis of, 7 Rue d'Alen9on, Paris (xv"). 

Fairley, John A., 3 Barnton Gardens, Davidson's Mains, 
Midlothian. 
110 Ferguson, Col. James, K.C., 10 Wemyss Place, Edinburgh. 

Ferguson, J., Solicitor, Duns. 

Ferguson, J. A., J.P., 78 Inverleith Place, Edinburgh. 

Ferguson, R. C. Munro, Raith, Kirkcaldy. 

Fergusson, Dr. S., Lylestone House, Alloa. 

Findlay, John R., 27 Drumsheugh Gardens, Edinburgh. 

Findlay, Rev., W. M., 17 Comiston Drive, Edinburgh. 

Firth, Prof. Charles Harding, LL.D., 2 Northmoor Rd., Oxford. 

Fleming, D. Hay, LL.D., 4 Chamberlain Road, Edinburgh. 

Fleming, J. A., K.C., 33 Melville Street, Edinburgh. 
120 Fleming, John, 9 Woodside Crescent, Glasgow. 

Fleming, Mrs., 12 Beaufort Gardens, London, S.W. 



6 LIST OF MEMBERS 

Forbes, The Lady, Brux Lodge, Forbes, Aberdeen. 
Foulis, T. N., 91 Great Russell Street, London, W.C. 

Gairdner, C. D., 2 Redlands Road, Kelvinside, Glasgow. 

Galletly, Edwin G., 71 Braid Avenue, Edinburgh. 

Gardner, Alexander, 7 Gilmour Street, Paisley. 

Geddie, John, l6 Ann Street, Edinburgh. 

Geikie, Sir Archibald, O.M., LL.D., Shepherd's Doun, 

Haslemere, Surrey. 
Geikie, Prof. J., LL.D., Kilmorie, Colinton Road, Edinburgh. 
130 Gibson, James T.,LL.B.,W.S., 14 Regent Terrace, Edinburgh. 
Gilchrist, Miss M. R. R. M'Gilchrist, 86 Inverleith Place, 

Edinburgh. 
Giles, Arthur, 191 Bruntsfield Place, Edinburgh. 
Gillespie, Mrs. G. R., 5 Darnaway Street, Edinburgh. 
Gilmour, Colonel, of Craigmillar, The Inch, Liberton. 
Gilroy, James, M.B., Waterbeck, Ecclefechan. 
Gladstone, Sir John R., Fasque, Laurencekirk. 
Glenconner, The Lord, The Glen, Innerleithen. 
Gourlay, Robert, LL.D., 5 Marlborough Terrace, Kelvinside, 

Glasgow. 
Gow, Murray T., Newfield, Hamilton. 
140 Graeme, Lieut.-Col. R. C, Naval and Military Club, 94 Picca- 
dilly, London, W. 
Graham, J. G. B. P., Carphin, Carluke. 
Grahame, Lieut.-Col. G. C, Boodles Club, St. James Street, 

London. 
Grant, Alex., 11 Salford Road, Streatham Hill, London, 

S.W. 
Grant, Francis J., W.S., 10 Millerfield Place, Edinburgh. 
Grant, Major Frank L., Craig Lea, Audley Road, Hendon, 

London, N.W. 
Grant, James, LL.B., 23 Castle Street, Banff. 
Grant, J. P., Advocate, 31 Northumberland Street, Edinbui-gh. 
Grant, William G. L., Woodside, East Newport, Fife. 
Green, Charles E., Publisher, St. Giles Street, Edinburgh. 
150 Grierson, Henry J., W.S., Laguna, Murthly, Perthshire. 



LIST OF MEMBERS 7 

Guthrie, The Hon. Lord, LL.D., 13 Royal Circus, Edinburgh. 
Guy, Robert, 120 West Regent Street, Glasgow. 

Hannay, R. K., General Register House, Edinburgh. 
Harrison, G. A., Warrender, Murrayfield, Edinburgh. 
Harrison, John, Rockville, 3 Napier Road, Edinburgh. 
Hay, W. J., John Knox's House, Edinburgh. 
Hedderwick, A. W. H., 79 St. George's Place, Glasgow. 
Henderson, George, Oriel, Fallside, Bothwell. 
Henderson, J. G. B., Nether Parkley, Linlithgow. 
l60 Henderson, John, 207 West Campbell Street, Glasgow. 
Home, The Earl of. The Hirsel, Coldstream. 
Howden, Charles R. A., Advocate, 27 Drummond Place, 

Edinburgh. 
Howden, J. M., C.A., 11 Eton Terrace, Edinburgh. 
Hunter, Rev. John, Manse of Rattray, Blairgowrie. 
Hutcheson, Alexander, Herschel House, Broughty Ferry. 
Hutchison, George A. Clark, Advocate, 34 Drumsheugh 
Gardens, Edinburgh. 

Inglis, John A., Advocate, 13 Randolph Crescent, Edinburgh. 

Jameson, J. H., W.S., l6 Coates Crescent, Edinburgh. 
Johnston, C. N., K.C., 4 Heriot Row, Edinburgh. 
170 Johnston, D., 14 Netherby Road, Leith. 

Johnston, David, 24 Huntly Gardens, Kelvinside, Glasgow. 
Johnston, George Harvey, 22 Garscube Terrace, Edinburgh. 
Johnston, George P., 37 George Street, Edinburgh. 
Johnston, Col. W., C.B., LL.D., M.D., of Newton Dee, Murtle, 

Aberdeenshire. 
Johnstone, David, 5 Dundas Street, Edinburgh. 
Johnstone, James F. Kellas, 67 Forest Avenue, Aberdeen. 

Kemp, D.William, Ivy Lodge, Laverockbank Rd., Trinity, Edin. 
Kinnear, The Rt. Hon. Lord, 2 Moray Place, Edinburgh. 
Kippen, W. J., Advocate, 18 Melville Street, Edinburgh. 
180 Kirk, A. F. C, Newbattle Abbey, Dalkeith. 

Kirkpatrick, Robert, 1 Queen Square, Strathbungo, Glasgow. 



8 LIST OF MEMBERS 

Lamont, Sir Norman, Brt., of Knockdow, Toward, Argyllshire. 
Lang, James, 21 Kelvinside Terrace, Glasgow. 
Langwill, Robert B., 7 St. Leonard's Bank, Perth. 
Lawson, Rev. Professor Alexander, D.D., 4 Gillespie Terrace, 

St. Andrews. 
Leadbetter, Thomas Greenshields, Stobieside, Strathaven. 
Learmont, James, 47 Polwarth Gardens, Edinburgh. 
Lees, John, Pitscottie, Cupar-Fife. 
Leigh, T. Hamilton, Culloden House, Inverness-shire. 
190 Lemon, Miss Ethelwyn, M. A., 35 Lauriston Place, Edinburgh. 
Lindsay, Rev. John, St. John's Manse, Bathgate. 
Lindsay, W. A., K.C., Windsor Herald, College of Arms, 

London, E.G. 
Little, William, Chapel Ridding, Windermere. 
Lodge, Professor Richard, LL. D., 2 5 Hope Terrace, Edinburgh. 
Lorimer, George, Durrisdeer, Gillsland Road, Edinburgh. 
Low, Rev. Geo. D., M.A., U.F. Manse, East Wemyss, Fifeshire. 
Low, William, Seaview, Monifieth. 
Lowe, David F., LL.D., 19 George Square, Edinburgh. 
Lowe, W. D., W.S., 11 Randolph Crescent, Edinburgh. 

200 Macadam, J. H., 37 Shoe Lane, London, E.C. 

M'Bain, Norman, 15 Hill Street, Arbroath. 

M'Cance, Captain, Menteith, Canterbury, Kent. 

M'Candlish, Captain P. D., 31 Charlotte Square, Edinburgh. 

MacDonald of the Isles, Lady, Thorpe Hall, Bridlington. 

MacDonald, James, W.S., 27 Heriot Row, Edinburgh. 

Macdonald, J. R. M., Largie Castle, Tayinloan, Argyllshire. 

MacDonald, Kenneth, Town House, Inverness. 

Macdonald, Ronald, National Bank Buildings, Portree. 

Macdonald, W. K., Windmill House, Arbroath. 
210 MacDougall, Alexander, junr., A.M.I. C.E.,Oakhurst, West- 
combe Park, London, S.E. 

MacDougall, Sir Jas. Patten, K.C.B., Advocate, 39 Heriot Row, 
Edinburgh. 

MacDougall, Major S., of Lunga, Ardfern, Argyllshire. 

M'Ewen, W. C, W.S., 9 South Charlotte Street, Edinburgh. 



LIST OF MEMBERS 9 

Macfarlane-Grieve, W. A., J. P., of Edenhall and Penchrise, 

Impington Park, Cambridgeshire. 
MacgeorgCj B. B., 19 Woodside Crescent, Glasgow. 
MacGregor, John, W.S., 3 Coates Crescent, Edinburgh. 
MacGregor, Sir Malcolm, Bart., of MacGregor, Edinchip, 

Balquhidder. 
Mackay, James F., W.S., Whitehouse, Cramond. 
Mackay, William, LL.D., Solicitor, Inverness. 
220 Mackay, W. Macdonald, 1549 Queen Street, West, Toronto, 

Canada. 
Mackenzie, A. R., 7 Gilmour Street, Paisley. 
Mackenzie, Thomas, 50 Wellington Street, Glasgow. 
Mackenzie, W. M. (Royal Com. Anc. Monuments), 15 Queen 

Street, Edinburgh. 
Mackinlay, James Murray, The Lee, Merchiston, Edinburgh. 
Mackinnon, Professor James, Ph.D., 12 Lygon Road, 

Edinburgh. 
Mackintosh, W. F., Procurator-Fiscal, Dundee. 
Maclachlan, John, W.S., Castle Lachlan, Strachur, Argyll- 
shire. 
Maclagan, Robert Craig, M.D., 5 Coates Crescent, Edinburgh. 
MacLaren, Duncan, S.S.C., 62 Frederick Street, Edinburgh. 
230 MacLehose, James J., 6l St. Vincent Street, Glasgow. 

Macleod, Professor John, Free Church College, Edinburgh. 
Macmath, William, 16 St. Andrew Square, Edinburgh. 
Macmillan, H. P., K.C., 32 Moray Place, Edinburgh. 
Macnaughton, W. A., M.D., Medical Officer of Health, 

Stonehaven. 
Macphail, Mrs., Hearnesbrooke, Ballinasloe, Ireland. 
Macphail, J. R. N., K.C., 17 Royal Circus, Edinburgh. 
MacRae, Capt. Colin, Feoirlinn, Colintraive, Argyllshire. 
Macrae, Horatio R., W.S., 14 Gloucester Place, Edinburgh. 
MacRae-Gilstrap, Major, Newark-on-Trent. 
240 Macray, Rev. W. D., Hon. D.Litt., Greenlands, Bloxham, 
Banbury, Oxfordshire. 
M'Whir, James, M.D., Swinton, Duns. 
Main, W. D., 69 Renfield Street, Glasgow. 



10 LIST OF MEMBERS 

Mann, James, Castlecraig, Dolphinton, 

Mar and Kellie, The Earl of, Alloa. 

Marshall, Robert C, Burntshields, Kilbarchan. 

Marshall, W. M., Solicitor, 3 Merry Street, Motherwell. 

Marwick, David W., W.S., 39 Inverleith Place, Edinburgh. 

Maxwell, W. J. H., Munches, Dalbeattie. 

Melles, J. W., Gruline, Aros, Isle of Mull. 
250 Melville, Alex. P., W.S., 8 Northumberland Street, Edinburgh. 

Menzies, John R., 3 Grosvenor Crescent, Edinburgh. 

Middleton, Mrs. Alfred, 48 Thurloe Square, London, S.W. 

Mill, Alex., 9 Dalhousie Terrace, Edinburgh. 

Millar, Alexander H., LL.D., Rosslyn House, Clepington 
Road, Dundee. 

Miller, John C, 70 Union Street, Glasgow. 

Miller,Rev.W.,C.I.E.,D.D.,LL.D.,BurgoPark, Bridge of Allan. 

Milligan, James, W.S., 10 Carlton Terrace, Edinburgh. 

Minto, John (Librarian, Signet Library), 83 Comiston Drive, 
Edinburgh. 

Mitchell, James, 14 Knowe Terrace, PoUokshields. 
260 Mitchell, Sydney, The Pleasance, Gullane. 

MofFatt, Sheriff, Falkirk. 

Moncreiff, Hon. F. R., Marionville, Colinton. 

Moncreiffe, William, Bighorn, Sheridan Co., Wyoming, U.S.A. 

Moncrieff, R. Scott, W.S., 10 Randolph Cliff, Edinburgh. 

Moncrieff, Sheriff W. G. Scott, Lanark. 

Morrison, Hew, LL.D., Torrisdale, Corrennie Gardens, Edin. 

Morrison, Rev. John, D.D., 6 Hartington Gardens, Edinburgh. 

Muirhead, James, 2 Bowmont Gardens, Kelvinside, Glasgow. 

Munro, H. T., Drum Leys, Kirriemuir. 
270 Murdoch, Rev. George C, Rector, St. John's Episcopal 
Church, Pittenweem. 

Murray, David, LL.D., I69 West George Street, Glasgow. 

Murray, Rev. James G., Rafford U.F. Manse, Torres. 

Murray, P. Keith, W.S., 19 Charlotte Square, Edinburgh. 

Neilson, George, LL.D., Wellfield, 76 Partick Hill Road, 
Glasgow. 



LIST OF MEMBERS 11 

Nicolson, A. B., W.S., Glenbervie House, Fordoun. 

Ogilvy, Mrs. M. G. C. N. Hamilton, of Belhaven arid Dirle- 

ton, Biel, East Lothian. 
Oliphant, Walter, S.S.C, 21 York Place, Edinburgh. 
Orr, John, 74 George Street, Edinburgh. 
Orrock, Alexander, 15 Victoria Street, Edinburgh. 

280 Paton, Henry, M.A., 184 Mayfield Road, Edinburgh. 

Paton, Victor A. Noel, W.S., 11 N. Learmonth Gardens, 

Edinburgh. 
Patrick, Joseph, C.A., 247 West George Street, Glasgow. 
Pau],Sir G. M., LL.D.,D.K.S.,9 Eglinton Crescent, Edinburgh. 
Paul, Sir James Balfour, C. V.O., LL.D., Advocate, Lyon King 

of Arms, 30 Heriot Row^ Edinburgh. 
Paul, Robert C, Commercial Bank, Home Street, Edinburgh. 
Paulin, Sir David, 6 Forres Street, Edinburgh. 
Penney, Scott MoncriefF, Advocate, Renfield, Hunter's Quay, 

Argyllshire. 
Pentland, Young J., DunclifFe, Murrayfield, Edinburgh. 
Petrie, James A., 31 Rosslyn Crescent, Edinburgh. 
290 Porteous, Alexander, Ancaster House, St. Fillans, Perthshire. 
Prentice, A. R., Newark Lodge, 28 Newark Street, Greenock. 

Rait, Professor Robert S., 31 Lilybank Gardens, Glasgow. 

Ramsay, Miss E. Lucy, Stainrigg, Coldstream. 

Ramsay, Iain, Kildalton, Port-Ellen, Islay. 

Ramsay, William, 32 Frederick Street, Edinburgh. 

Rankin, W. B., W.S., 9 Lansdowne Crescent, Edinburgh. 

Rankine, Prof. John, K.C., LL.D., 23 Ainslie Place, Edinburgh. 

Reichel, Sir H. R., Principal, Univ. Coll., Bangor, North Wales. 

Reid, R. C, Cleuchbrae Cottage, Ruthwell R.S.O., Dum- 
friesshire. 
SCO Rennie, W. J. M., 57 Leamington Terrace, Edinburgh. 

Renwick, Robert, Depute Town-Clerk, City Chambers, Glasgow. 

Richardson, Ralph, W.S., Commissary Office, 2 Parliament 
Square, Edinburgh. 

Ritchie, David, Hopeville, Dowanhill Gardens, Glasgow. 



12 LIST OF MEMBERS 

Robbie, John Cameron, 22 York Place, Edinburgh. 
Robertson, Stewart A., M.A., Chief Inspector, Education 

Office, Katharine Street, Croydon. 
Rodger, Rev. Robert G., 9 Clarendon Crescent, Edinburgh. 
Romanes, Charles James Lorimer, W.S., 3 Abbotsford 

Crescent, Edinburgh. 
Romanes, Charles S., C.A., 3 Abbotsford Crescent, Edinburgh. 
Romanes, James Manners, B.Sc, Romanhurst, Levenhall, 

Musselburgh. 
310 Rosebery, The Earl of, K.G., Dalmeny Park, Linlithgowshire. 
Rutherfurd, Andrew, 26 Belmont Gardens, Glasgow. 

Sanderson, Kenneth, W.S., 5 Abercromby Place, Edinburgh. 

Saunders, Wm., 3 Craiglea Drive, Edinburgh. 

Scott, Miss, 16 Rothesay Place, Edinburgh. 

Scott, James, M.A., Craig, Duntrune Terrace, Broughty 
Ferry, W. 

Scott, Miss Jean Macfarlane, 1 Park Place East, Sunderland. 

Shaw, Right Hon. Lord, 1 Palace Gate, London, W. 

Shaw, Mackenzie S., W.S., 1 Thistle Court, Edinburgh. 

Shiell, J. G., Cairnie, Cupar-Fife. 
320 Shiells, C. J., 141 George Street, Edinburgh. 

Sime, David, 27 Dundas Street, Edinburgh. 

Simpson, Sir A. R., M.D., LL.D., 52 Queen Street, Edinburgh. 

Sinclair, Sir J. R. G., Bart., Barrock House, Wick. 

Sinton, James, Hassendean, Eastfield, Joppa. 

Skerrington, The Hon. Lord, 12 Randolph Crescent, Edin- 
burgh. 

Smail, Adam, 96 Spottiswoode Street, Edinburgh. 

Smart, John, Junr., LL.B., W.S., 19 York Place, Edinburgh. 

Smellie, Peter, 16 St. Andrew Square, Edinburgh. 

Smith, Mrs., 6 Montebello, Joppa. 
330 Smith, Prof. G. Gregory, M.A., 26 Windsor Park, Belfast. 

Smith, John Lamb, S.S.C, 58 Polwarth Terrace, Edinburgh. 

Smith, J. K., 4 East Hermitage Place, Leith. 

Smith, Robert, 9 Ward Road, Dundee. 

Smythe, Col. David M., Methven Castle, Perth. 



LIST OF MEMBERS IS 

Sorley, Maclean, Viewfield House, Partick. 
Steuart, A. Francis, Advocate, 79 Gt. King St., Edinburgh. 
Stevenson, Rev. Robert, M.A., The Abbey, Dunfermline. 
Stewart, George, M.A. 

Stewart, R. K., Murdostoun Castle, Newmains, Lanarkshire. 
340 Stirling, Com. G. H. Miller, D.L., Craigbarnet, Campsie Glen. 
Strathallan, The Lady, 39 Elm Park Gardens, London, S.W. 
Strathern, Robert, W.S., 12 South Charlotte St., Edinburgh. 
Sturrock, Rev. J., 10 Glengyle Terrace, Edinburgh. 
Sturrock, John, junr., 8 Trinity Crescent, Trinity. 
Sutherland, James B., S.S.C, 10 Royal Terrace, Edinburgh. 

Tait, William, 64 Albert Drive, Pollokshields. 

Taylor, Rev. Malcolm C, D.D., 6 Greenhill Park, Edinburgh. 

Telford, Rev. W. H., Reston, Berwickshire. 

Terry, Professor C. Sanford, Westerton, Cults, Aberdeenshire. 
350 Thin, George, 7 Mayfield Terrace, Edinburgh. 

Thomson, Col., St. James's Club, Piccadilly, London, W. 

Thomson, Frederick C, Advocate^ 5 Northumberland Street, 
Edinburgh. 

Thomson, John Maitland, LL.D., Advocate, 3 Grosvenor 
Gardens, Edinburgh, Hon. Secretary. 

Thomson, Spencer Campbell, 10 Eglinton Crescent, Edin- 
burgh. 

Thomson, T. S., 18 Rothesay Place, Edinburgh. 

Tod, Henry, W.S., 45 North Castle Street, Edinburgh. 

Trail, John A., LL.D., W.S., 14 Belgrave Place, Edinburgh. 

Trayner, The Hon. Lord, LL.D., Laurelhurst, Burwash, 
Sussex. 

Tuke, Rev. W. M., The Parsonage, Forfar. 

360 Walker, Robert, LLD., Tillydrone House, Old Aberdeen. 
Warrender, Miss, 50 Wilton Crescent, London, S.W. 
Waterston, George, 10 Claremont Crescent, Edinburgh. 
Watson, Guthrie F., 20a St. James' Place, London, S.W. 
Watson, R. W. Seton, Ayton, Abernethy. 
Watson, The Hon. William, B.A., LL.B.,M.P, 8 Heriot Row, 
Edinburgh. 



14 LIST OF MEMBERS 

Watt, James, W.S., 24 Rothesay Terrace, Edinburgh. 
Watt, Rev. Lauchlan Maclean, 7 Royal Circus, Edinburgh. 
Whamond, David, 28 Spottiswoode Road, Edinburgh. 
Whyte, Robert, S.S.C., 7 Laverockbank Terrace, Trinity. 
370 Williamson, Charles, 4 Bayview Road, Aberdeen. 

Wilson, Very Rev. Dean, 17 Atholl Crescent, Edinburgh. 
Wilson, Robert Dobie, 38 Upper Brook Street, London, W 
Wood, W. A., C.A., 11 Clarendon Crescent, Edinburgh. 
Wordie, William, 32 Montgomery Drive, Glasgow. 

Young, A. J., Sheriff-Substitute, Aberdeen. 

Young, Thomas E., W.S., Auchterarder. 

Yule, Miss Amy Frances, F.S.A. Scot., Tarradale, Ross-shire. 



LIST OF LIBRARIES 

Aberdeen Free Public Library. 

Aberdeen University Library. 

Arbroath Public Library. 

Ayr, Carnegie Public Library. 

Baltimore, Peabody Institute. 

Belfast Public Library, Donegall Square North, Belfast, 
Ireland. 

Berlin Royal Library. 

Birmingham Free Library. 

Boston Athenaeum, Mass. 
10 Boston Public Library, Mass. 

California University Library. 

Cambridge University Library. 

Cambridge, Westminster College Library. 

Cardiff Free Public Library. 

Chicago, Newberry Library. 

Chicago University Library. 

Copenhagen, Biblioth^que Royale. 

Cornell University, Ithaca, Michigan. 

Dollar Institution. 
20 Dresden Public Library. 

Dundee Free Library. 



LIST OF LIBRARIES 15 

Dundee University College Library. 

Dunfermline, Carnegie Free Library. 

Edinburgh, Church of Scotland Library. 

Edinburgh, Episcopal Church Theological Library, Coates 
Hall, Rosebery Crescent. 

Edinburgh, New Club, Princes Street. 

Edinburgh, New College Library. 

Edinburgh, Philosophical Institution. 

Edinburgh, Protestant Institute of Scotland, 
SO Edinburgh Public Library. 

Edinburgh, Royal College of Physicians. 

Edinburgh, Scottish Liberal Club, Gladstone Memorial 
Library. 

Edinburgh, Signet Library. 

Edinburgh, Society of Antiquaries. 

Edinburgh, Society of Solicitors before the Supreme Court. 

Edinburgh, Speculative Society. 

Edinburgh, Stationery Office (for Historical Dept., General 
Register House). 

Edinburgh, University Club. 

Edinburgh University Library. 
40 Glasgow, Baillie's Institution Free Library. 

Glasgow, Faculty of Procurators. 

Glasgow, Mitchell Library. 

Glasgow, United Free Church College Libraiy. 

Glasgow University Library. 

Harvard College Library, Cambridge, Mass. 

Illinois University Library, Urbana, 111., U.S.A. 

Inverness Free Library. 

Ireland, National Library of. 

Kilmarnock Public Library. 
50 Leeds Library, Commercial Street, Leeds. 

Leland Stanford Junior University, Califorina, U.S.A. 

Liverpool Public Library. 

London, The Athenaeum, S.W. 

London Corporation Library, Guildhall. 

London, Hon. Society of Gray's Inn. 

London Library, St. James Square. 

London, National Liberal Club. 

London, Public Record Office. 

London, Reform Club, Pall Mall, S.W. 
60 London, Royal Institution, W. 



16 LIST OF LIBRARIES 

Manchester, John Rylands Libraiy. 

Manchester Public Free Library. 

Nairn Literary Institute. 

Netherlands Royal Library. 

Newcastle-upon-Tyne Public Library, 

New South Wales Public Library, Sydney. 

New York Public Library. 

New York State Library. 

Nottingham Free Public Library. 
70 Ontario Legislative Library, Toronto, Canada. 

Ottawa Parliamentaiy Library. 

Oxford, All Souls College. 

Oxford, Bodleian Library. 

Paisley Philosophical Institution. 

Paris, Biblioth^que Nationale. 

Pennsylvania Historical Society. 

Perth, Sandeman Public Library. 

Princeton Theological Seminary, New Jersey, U.S.A. 

St. Andrews University Library. 
80 Sheffield Free Public Library. 

Stockholm, Royal Library. 

Stirling Public Library. 

Stonyhurst College, Blackburn, Lancashire. 

Stornoway Public Library. 

Toronto Public Library. 

Upsala, Royal University Library, Sweden. 

Victoria Public Library, Melbourne. 

Vienna, Library of the R. I. University. 

Washington, Library of Congress. 
90 Wick, Carnegie Public Library. 

Wigan Free Public Library. 

Wisconsin State Historical Society. 

Yale University Library. 



^cottist) ^istoxv ^otittv* 



THE EXECUTIVE. 

1913-1914. 

President. 

The Earl of Rosgbery, K.G., K.T., LL.D. 

Chairman of Council, 

Donald Crawford, K.C. 

Council. 

C. S. Romanes, C.A. 
Sir G. M. Paul, D.K.S. 
R. K. Hannav. 

Professor P. Hume Brown, M.A., LL.D., Historiographer- 
Royal for Scotland. 
William K. Dickson, Advocate. 
J. R. N. Macphail, K.C. 

D. Hay Fleming, LL.D. 
Professor John Rankine, K.C, LL.D. 
The Hon. Lord Guthrie. 

Sir James Balfour Paul, C.V.O., LL.D., Lyon King of Arms. 

Walter B. Blaikie. 

The Hon. Hew Hamilton Dalrymple. 

Corresponding Members of the Council. 
Prof. C. H. Firth, LL.D., Oxford ; Rev. W. D. Macray, Green- 
lands, Bloxham, Banbury, Oxon. ; Prof. C. Sanford Terrv, 
Aberdeen. 

Hon. Treasurer. 
J. T. Clark, Crear Villa, 196 Ferry Road, Edinburgh. 

Joint Hon. Secretaries. 
J. Maitland Thomson, LL.D., Advocate, 3 Grosvenor Gardens, 

Edinburgh. 
A. Francis Steuart, Advocate, 79 Great King Street, 

Edinburgh. 



RULES 

1. The object of the Society is the discovery and printing, 
under selected editorship, of unpublished documents illus- 
trative of the civil, religious, and social history of Scotland. 
The Society will also undertake, in exceptional cases, to issue 
translations of printed works of a similar nature, which have 
not hitherto been accessible in English. 

2. The number of Members of the Society shall be limited 
to 400. 

3. The affairs of the Society shall be managed by a Council, 
consisting of a Chairman, Treasurer, Secretary, and twelve 
elected Members, five to make a quorum. Three of the twelve 
elected Members shall retire annually by ballot, but they shall 
be eligible for re-election. 

4. The Annual Subscription to the Society shall be One 
Guinea. The publications of the Society shall not be delivered 
to any Member whose Subscription is in arrear, and no 
Member shall be permitted to receive more than one copy of 
the Society's publications. 

5. The Society will undertake the issue of its own publica- 
tions, i.e. without the intervention of a publisher or any other 
paid agent. 

6. The Society will issue yearly two octavo volumes of about 
320 pages each. 

7. An Annual General Meeting of the Society shall be held 
at the end of October, or at an approximate date to be 
determined by the Council. 

8. Two stated Meetings of the Council shall be held each 
year, one on the last Tuesday of May, the other on the Tues- 
day preceding the day upon which the Annual General Meeting 
shall be held. The Secretary, on the request of three Members 
of the Council, shall call a special meeting of the Council. 

9. Editors shall receive 20 copies of each volume they edit 
for the Society. 

10. The owners of Manuscripts published by the Society will 
also be presented with a certain number of copies. 

11. The Annual Balance-Sheet, Rules, and List of Members 
shall be printed. 

12. No alteration shall be made in these Rules except at a 
General Meeting of the Society. A fortnight's notice of any 
alteration to be proposed shall be given to the Members of the 
Council. 



PUBLICATIONS 

OF THE 

SCOTTISH HISTORY SOCIETY 

For the year 1886-1.881. 

1. Bishop Pococke's Tours in Scotland, 1747-1760. Edited by 
D. W. Kemp. 

2. Diary and Account Book of William Cunningham of Chaig- 
ENDs, 1673-1680. Edited by the Rev. James Dodds, D.D. 

For the year 1887-1888. 

3. Grameidos libri sex : an heroic poem on the Campaign of 

l689, by James Philip of Almerieclose. Translated and 
edited by the Rev. A. D. Murdoch. 

4. The Register of the Kirk-Session of St. Andrews. Part i. 

1559-1582. Edited by D. Hay Fleming. 

For the year 1888-1889. 

5. Diary of the Rev. John Mill, Minister in Shetland, 1 740- 

1803. Edited by Gilbert GouDiE. 

6. Narrative of Mr. James Nimmo, a Covenanter, 1654-1709 

Edited by W. G. Scott-Moncrieff. 

7. The Register of the Kirk-Session of St. Andrews. Part ii. 

1583-1600. Edited by D. Hay Fleming. 

For the year 1889-1890. 

8. A List of Persons concerned in the Rebellion (1745). With 

a Preface by the Earl of Rosebery. 

Presented to the Society by the Earl of Rosebery. 

9. Glamis Papers : The ' Book of Record,' a Diary written by 

Patrick, first Earl of Strathmore, and other documents 
(1684-89). Edited by A. H. Millar. 

10. John Major's History of Greater Britain (1521). Trans- 
lated and edited by Archibald Constable. 

For the year 1890-1891. 

11. The Records of the Commissions of the General Assemblies, 

1646-47. Edited by the Rev. Professor Mitchell, D.D., and 
the Rev. James Christie, D.D. 

12. Court-Book of the Barony of Urie, 1604-1747. Edited 
by the Rev. D. G. Barron. 



4 PUBLICATIONS 

For the year 1891-1892. 

13. Memoirs of Sir John Clerk of Penicuik, Baronet. Ex- 
tracted by himself from his own Journals, 1676-1755. Edited 
by John M. Gray. 

14. Diary of Col. the Hon. John Erskine of Carnock, 1683- 

1687. Edited by the Rev. Walter Macleod. 

For the year 1892-1893. 

15. Miscellany of the Scottish History Society, First Volume — 
The Library of Jambs vi., 1573-83. Edited by G. F. Warner. — 

Documents illustrating Catholic Policy, 1596-98. T. G. Law. 
— Letters op Sir Thomas Hope, 1627-46. Rev. R. Paul. — Civil 
War Papers, 1643-60. H. P. Morland Simpson. — Lauderdale 
Correspondence, 1660-77. Right Rev. John Dowden, D.D. — 
Turnbull's Diary, 1657-1704. Rev. R. Paul. — Mastehton 
Papers, 1660-1719. V. A. Noel Paton. — Accompt of Expenses 
IN Edinburgh, 1715. A. H. Millar. — Rebellion Papers, 1715 
and 1746. H. Paton. 

16. Account Book of Sir John Foulis of Ravelston (1671-1707). 
Edited by the Rev. A. W. Cornelius Hallen. 

For the year 1893-1894. 

17. Letters and Papers illustrating the Relations between 

Charles ii. and Scotland in 1650. Edited by Samuel 
Rawson Gardiner, D.C.L., etc. 

18. Scotland and the Commonwealth. Letters and Papers 

relating to the military government of scotland, aug, 
l651-Dec. 1653. Edited by C. H. Firth, M.A. 

For the year 1894-1895. 

19. The Jacobite Attempt of 1719- Letters of James, second 

Duke of Ormonde. Edited by W. K. Dickson. 

20. 21. The Lyon in Mourning, or a Collection of Speeches, 

Letters, Journals, etc., relative to the Affairs of Prince 
Charles Edward Stuart, by Bishop Forbes. 1746-1775. 
Edited by Henry Paton. Vols. i. and 11. 

F(yr the year 1895-1896. 

22. The Lyon in Mourning. Vol. in. 

23. Itinerary of Prince Charles Edward (Supplement to the 

Lyon in Mourning). Compiled by W. B. Blaikie. 

24. Extracts from the Presbytery Records of Inverness and 

Dingwall from 1638 to I688. Edited by William Mackay. 

25. Records of the Commissions of the General Assemblies 
{continued) for the years l648 and 1649. Edited by the Rev. 
Professor Mitchell, D.D., and Rev. James Christie, D.D. 



PUBLICATIONS 6 

For the z/ear 1896-1891. 

26. Wariston's Diary and other Papers — 

Johnston op Wariston's Diary, 1639. Edited by G. M. Paul. — 
The Honours of Scotland, 1661-62. C. R. A. Howden. — ^The 
Earl op Mar's Legacies, 1722, 1726. Hon. S. Erskine. — Letters 
BY Mrs. Grant op Laggan. J. R. N. MacphaiL 

Presented to the Society by Messrs. T. and A. Constable. 

27. Memorials of John Murray of Broughton, 1740-1747. 
Edited by R. Fitzroy Bell. 

28. The Gompt Buik of David Wedderburne, Merchant of 

Dundee, 1587-1630. Edited by A. H. Millar. 

For the year 1897-1898. 

29. 30. T«E Correspondence of De Montereul and the brothers 

De BELLii)VRE, French Ambassadors in England and Scot- 
land, 1645-1648. Edited, with Translation, by J. G. 
Fotheringham. 2 vols. 

For the year 1898-1899. 

31. Scotland and the Protectorate. Letters and Papers 

relating to the Military Government of Scotland, from 
January 1654 to June 1659. Edited by C. H. Firth, M.A. 

32. Papers illustrating the History *of the Scots Brigade in 
THE Service of the United Netherlands, 1572-1782. 
Edited by James Ferguson. Vol. i. 1572-1697. 

33. 34. Macfarlane's Genealogical Collections concerning 
Families in Scotland ; Manuscripts in the Advocates' Library. 
2 vols. Edited by J. T. Clark, Keeper of the Library. 

Presented to the Society by the Trustees of the late Sir William Fraser, K.C.B. 

For the year \899-\900. 

35. Papers on the Scots Brigade in Holland, 1572-1782. 
Edited by James Ferguson. Vol. n. 1698-1782. 

36. Journal of a Foreign Tour in 1665 and 1666, etc., by Sir John 

Lauder, Lord Fountainhall. Edited by Donald Crawford. 

37. Papal Negotiations with Mary Queen of Scots during her 
Reign in Scotland. Chiefly from the Vatican Archives. 
Edited by the Rev. J. Hunoerford Pollen, S.J. 

For the year 1900-1901. 

38. Papers on the Scots Brigade in Holland, 1572-1782. 
Edited by James Ferguson. Vol. iii. 

32, The Diary of Andrew Hay of Craignethan, l659-60. 
Edited by A. G. Reid, F.S.A.Seot. 

For the year 1901-1902. 

40. Negotiations for the Union of England and Scotland in 

1651-53. Edited by C. Sanford Terry. 

41. The Loyall Dissuasive. Written in 1703 by Sir jEneas 

Macpherson. Edited by the Rev. A. D. Murdoch. 



6 PUBLICATIONS 

For the year 1902-1903. 

42. The Chartulary of Lindores, 1195-1479. Edited by the 

Right Rev. John Dowden, D.D., Bishop of Edinburgh. 

43. A Letter from Mary Queen of Scots to the Duke of Guise, 
Jan. 1562. Reproduced in Facsimile. Edited by the Rev. J. 

HUNGERFORD PoLLEN^ S.J. 

Presented to the Society by the family of the late Mr. Seott, of Halkshill. 

44. Miscellany of the Scottish History Society, Second Volume — 

The Scottish King's Household, 14th Century. Edited by Mary 
Bateson. — The Scottish Nation in the University of Obleans, 
1336-1538. John Kirkpatrick, LL.D. — The French Garrison 
at Dunbar, 1563. Roberts. Rait. — De Antiquitatb Religionis 
APUD Scotos, 1694. Henry D. G. Law. — Apology for William 
Maitland op Lethington, 1610. Andrew Lang. — Letters of 
Bishop George Gb^bmb, 1602-38. L. G. Grseme. — A Scottish 
JouBNiE, 1641. C. H. Firth. — Narratives illustrating the Duke 
of Hamilton's Expedition to England, 1648. C. H. Firth. — 
Burnet-Leighton Papers, 1648-168-. H. C. Foxcroft. — Papers 
of Robert Erskine, Physician to Peter the Great, 1677-1720. 
Rev. Robert Paul. — Will op the Duchess of Albany, 1789. 
A. Francis Steuart. 

45. Letters of John Cockburn of Ormistoun to his Gardener, 

1727-1743. Edited by James Colville, D.Sc. 

For the year 1903-1904. 

46. Minute Book of the Managers of the New Mills Cloth 
Manufactory, I68I-I69O. Edited by W. R. Scott. 

47. Chronicles of the Erasers ; being the Wardlaw Manuscript 

entitled ' Polichronicon seu Policratica Temporum, or, the 
true Genealogy of the Erasers.' By Master James Eraser. 
Edited by William Mackay. 

48. Proceedings of the Justiciary Court from 166I to 1678. 
Vol. I. 166I-I669. Edited by Sheriff Scott-Moncrieff. 

For the year 1904.-1905. 

49. Proceedings of the Justiciary Court from I66I to 1678. 
Vol. II. 1669-1678. Edited by Sheriff Scott-Moncrieff. 

50. Records of the Baron Court of Stitchill, 1655-1807. Edited 
by Clement B. Gunn, M.D., Peebles. 

51. Macfarlane's Geographical Collections. Vol. i. Edited 
by Sir Arthur Mitchell, K.C.B. 

For the year 1905-1906. 

52. 53. Macfarlane's Geographical Collections. Vols. 11. and in. 

Edited by Sir Arthur Mitchell, K.C.B. 
54. Statuta EcclesIjE ScoticanjE, 1225-1559. Translated and 
edited by David Patrick, LL.D. 



PUBLICATIONS 7 

For the year IQOe-ldOl. 

55. The House Booke of AccompSj Ochtertyre, 1737-39. Edited 

by James Colville, D.Sc. (Oct. 1907.) 

56. The Charters op the Abbey of Inchaffray. Edited by W. A. 

Lindsay, K.C, the Right Rev. Bishop Dowden, D.D., and 
J. Maitland Thomson, LL.D. (Feb. 1908.) 

57. A Selection of the Forfeited Estates Papers preserved in 

H.M. General Register House and elsewhere. Edited by 
A. H. Millar, LLD. (Oct. 1909.) 

For the year 1907-1908. 

58. Records of the Commissions of the General Assemblies (co7i- 
tinued), for the years 1650-52. Edited by the Rev. James 
Christie, D.D. (Feb. 1909.) 

59. Papers relating to the Scots in Poland. Edited by Miss 
Beatrice Baskerville. {Puhlication delayed.) 

For the year 1908-1909. 

60. Sir Thomas Craig's De Unione Reqnorum Britanni^e Trac- 
tatus. Edited, with an Enghsh Translation, by C. Sanford 
Terry. (Nov. 1909.) 

61. Johnston of Wariston's Memento Quamdiu Vivas, and Diary 

from 1632 to 1639. Edited by G. M. Paul, LL.D., D.K.S. 

(May 1911.) 
Second Series. 

For the year 1909-1910. 

1. The Household Book of Lady Grisell Baillie, 1692-1733. 

Edited by R. Scott-Moncrieff, W.S. (Oct, 1911.) 

2. Origins of the '45 and other Narratives. Edited by W. B. 
Blaikie. {Publication delayed.') 

3. Correspondence of James, fourth Earl of Findlater and 
FIRST Earl of Seafield, Lord Chancellor of Scotland. 
Edited by James Grant, M.A., LL.B. (March I912.) 

For the year ldl0-\9\\. 

4. Rentale Sancti Andree; being Chamberlain and Granitar 

Accounts of the Archbishopric in the time of Cardinal 
Betoun, 1538-1546. Translated and edited by Robert Kerr 
Hannay. (February 1913.) 

5. Highland Papers. Vol. i. Edited by J. R.N. Macphail, K.C. 

(May 1914,) 



8 PUBLICATIONS 

For the i^ear 1911-191% 

6. Selections from the Records of the Regality of Melrose. 
Vol. I. Edited by C. S. Romanes, C.A. (November 1914.) 

7. Records of the Earldom of Orkney. Edited by J. S. Clouston. 

(December 1914). 

For the year 1912-1913. 

8. Selections from the Records of the Regality of Melrose. 

Vol. II. Edited by C. S. Romanes, C.A. (January 1915). 

9. Selections from the Letter Books of John Steuart, Bailie 
OF Inverness. Edited by William Mackay, LL.D. 

For the year 1913-1914i. 

10. Rentale Donkeldense ; being the Accounts of the Chamber- 
lain OF THE Bishopric of Dunkeld, a.d. 1506-1517. Edited 
by R. K. H ANN AY. 

11. Johnston of Wariston's Diary. Vol. ii. Edited by D. Hay 

Fleming, LL.D. 

For the year 1914-1915. 

12. Highland Papers. Vol. ii. Editedby J. R. N. Macphail, K.C. 

13. Letters of the Earl of Seafield and Others, illustrative 
OF THE History of Scotland during the Reign of Queen 
Anne. Edited by Professor Hume Brown. 

In preparation. 

Selections from the Records of the Regality of Melrose. 

Vol. III. Edited by C. S. Romanes, C.A. 
Bibliography of Topographical Works relating to Scotland. 

Compiled by the late Sir Arthur Mitchell, and edited by 

C. G. Cash. 
Register of the Consultations of the Ministers of Edinburgh, 

AND SOME other BRETHREN OF THE MINISTRY SINCE THE 
interruption of THE ASSEMBLY 1653, VCITH OTHER PaPERS OF 
PUBLIC CONCERNMENT, l653-l660. 

A Translation of the Historia Abbatum de Kynlos of 
Ferrerius. By Archibald Constable, LL.D. 

Miscellany of the Scottish History Society. Third Volume. 

Analytical Catalogue of the Wodrow Collection of Manu- 
scripts IN the Advocates' Library. Edited by J. T. Clark. 

Charters and Documents relating to the Grey Friars and the 
Cistercian Nunnery of Haddington. — Register of Inch- 
coLM Monastery. Edited by J. G. Wallace-James, M.B. 

Records relating to the Scottish Armies from 1638 to 1650. 
Edited by C. Sanford Terry. 

Papers relating to the Rebellions of 1715 and 1745, with other 
documents from the Municipal Archives of the City of Perth. 

The Balcarres Papers. 



DA 880 


B72 A2 Vol. 2 


Author Vol. 


T tie Copy 

Melrose Regality Records. 
1662-1676. 






Date 


Borrower's Name